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Xan Dae

RSUs - Is the acquisition date the vest date or the settlement date for tax purposes?

I'm getting quarterly RSUs from my employer and I'm confused about the acquisition date for tax purposes. Our company goes through blackout periods, so there's about a month gap between when the RSUs vest and when they actually settle in my Fidelity account. During this weird limbo period, they show up as "unsettled" in my account, no shares have been sold for tax withholding, nothing appears on my paystub, and I can't sell them even if I wanted to. I'm trying to figure out if the acquisition date is considered the vest date or the settlement date for tax purposes. This matters because I made a pretty unfortunate decision to hold onto some RSUs after they settled, and now they're worth about 30% less than when I got them (yeah, I know, huge mistake, won't do it again). I'm worried about potential wash sales if I sell now and rebuy later, but I can't find clear guidance on which date actually counts as the acquisition date for determining the holding period. Anyone have experience with this?

Tax professional here! The acquisition date for RSUs is generally the vesting date, not the settlement date. This is when you've satisfied all conditions to receive the shares and they're considered income for tax purposes, even if you can't actually access or sell them due to blackout periods. When RSUs vest, the fair market value on that date becomes your cost basis and is reported as income on your W-2. Any subsequent gain or loss when you sell is calculated from this basis. The settlement date is just an administrative function of your company's blackout period. For wash sale concerns, the clock starts at vesting. If you sell these shares at a loss and buy substantially identical securities within 30 days before or after the sale, you could trigger a wash sale rule, which would disallow the loss for tax purposes.

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Wait I'm confused - if I can't sell the shares during blackout, how can they be considered "mine" for tax purposes? Doesn't seem fair that I could be taxed on something I can't even access or control.

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Great question. While it seems unfair, the IRS considers the shares yours when all vesting conditions are met, even if company policy restricts your ability to sell. The vesting event is when you've earned the right to those shares, making it taxable compensation. The blackout period is a corporate governance issue that's separate from tax ownership. It's similar to how you might earn a bonus in December that you don't receive until January - it's still considered earned in the year it was awarded, not when the cash hits your account.

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After struggling with a similar RSU situation last year, I found an amazing tool that helped me analyze all my stock grants and potential tax implications. Check out https://taxr.ai - it has a specific feature for RSUs that helped me understand the exact acquisition dates and holding periods for tax purposes. You upload your grant documents and trade confirmations, and it gives you a clear breakdown of your tax basis, holding periods, and potential wash sale issues. Saved me from making a costly mistake with wash sales!

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Does this work if I've got RSUs from multiple companies? I've got some from my current employer plus older ones from a previous job that are on different platforms.

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How accurate is this for determining the exact vesting/acquisition date when there's a blackout period? My company has a weird 6-week settlement delay and I've gotten conflicting advice.

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Yes, it works with RSUs from multiple companies and platforms! The system is designed to analyze documents from different sources, so you just upload all your grant paperwork and trade confirmations regardless of which company issued them. For determining exact dates with blackout periods, it's been spot-on for me. The system specifically looks for the legal vesting date in your documents, not the settlement date. It actually flags situations with extended blackout periods and gives you specific guidance for your company's policies based on the documentation you provide.

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Just wanted to follow up here - I tried taxr.ai after seeing this recommendation and it was incredibly helpful! I uploaded my RSU grant documents and it clearly identified my vesting dates as the acquisition dates, not the settlement dates. It even showed me the specific IRS regulations that apply to my situation. The tax basis calculator saved me from making a mistake on my cost basis that would have resulted in double taxation. Definitely worth checking out if you're dealing with RSUs and complex vesting schedules.

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I had a similar issue last year and spent WEEKS trying to get through to someone at the IRS who could give me a definitive answer about RSU acquisition dates versus settlement dates. Finally found Claimyr (https://claimyr.com) which got me through to a real IRS agent in about 15 minutes instead of the 3+ hours I was spending on hold before giving up. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c. The agent confirmed that for tax purposes, the acquisition date is indeed the vesting date, regardless of when settlement happens. Having that official confirmation gave me peace of mind when filing.

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How does this actually work? I've been on hold with the IRS for like 2 hours several times and always end up hanging up. Do they somehow get you to the front of the line?

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Sounds like BS to me. Nobody can magically get you through to the IRS faster. They probably just keep calling for you, which you could do yourself for free.

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It's not putting you at the front of the line, but rather they use an automated system that keeps your place in the queue so you don't have to stay on hold. They call you back when an agent is about to be available. They use technology to navigate the IRS phone tree and maintain your place in line while you go about your day. It's definitely not free, but considering I wasted over 8 hours trying to get through myself with no success, the time savings alone was worth it to me. Sometimes your time is more valuable than trying to do everything yourself.

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Well I'm eating my words here. After my skeptical comment I decided to try Claimyr because I've been trying for THREE MONTHS to get an answer about my amended return. Got a call back in 45 minutes and talked to an actual human at the IRS who solved my problem. I've literally never been able to get through before despite trying at least 12 times. Shocked that it actually worked - would've saved me so much stress if I'd known about this earlier!

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My company does the exact same thing with RSUs and blackout periods. My accountant told me that the acquisition date is 100% the vest date, but the settlement date is what determines when you can actually sell. So I keep a spreadsheet tracking both dates for each grant to make sure I know which shares are long-term vs short-term holdings. For your wash sale concern - the rule applies if you sell at a loss and then buy back the same stock within 30 days before or after the sale. Since these are RSUs that vest regularly, you need to be careful about new vesting events happening within 30 days of selling existing shares at a loss.

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Xan Dae

Thanks for the spreadsheet idea! I should probably be more organized with tracking all of this. Do you also record the FMV on vest date vs the actual price when you're able to sell after settlement? I'm wondering how significant that difference typically is for accounting purposes.

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Yes, I definitely record the FMV on vest date since that's what shows up on my W-2 as income and becomes my cost basis. I also track the settlement date price just to see how much it fluctuated during the blackout. For my company, the difference between vest price and settlement price can be pretty significant - sometimes 5-10% in either direction. But remember, for tax purposes, only the vest date FMV matters for your initial cost basis. Any change between vest and settlement is just part of your eventual capital gain or loss when you sell.

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Has anyone used TurboTax to report RSUs with blackout periods? I'm trying to figure out how to input this correctly to avoid IRS issues.

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I use TurboTax every year for my RSUs. The process is actually pretty straightforward since your company should report the RSU income on your W-2. In TurboTax, you'll just need to enter your stock sale info from your 1099-B, and make sure to adjust the cost basis if it's not correctly reported (which happens a lot with RSUs).

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I've been dealing with RSUs and blackout periods for about 3 years now, and it definitely gets confusing! Just to add to what others have said - the vesting date is indeed your acquisition date for tax purposes, but here's something that tripped me up initially: make sure you're getting the correct cost basis on your 1099-B forms. My brokerage (also Fidelity) sometimes reports the cost basis as $0 for RSU sales, which would make it look like the entire sale amount is taxable gain. But since you already paid income tax on the FMV at vesting, you need to adjust this. Your actual cost basis should be the fair market value on the vest date that was reported on your W-2. For the wash sale concern - yes, be very careful if you have quarterly vesting. I made the mistake of selling some underwater RSUs in November and then had new ones vest in December of the same stock. Had to deal with wash sale adjustments that were a real headache. Now I time any sales to avoid the 30-day window around vesting dates. One tip: keep really good records of your vest dates and the stock price on those dates. You'll need this info for years to come, especially if you hold shares long-term.

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This is really helpful, especially the part about the 1099-B cost basis being reported as $0! I just checked my forms from last year and sure enough, that's exactly what happened. I had no idea I needed to adjust this - I probably overpaid on my taxes. Is there a way to amend my return to correct this, or should I just make sure to get it right going forward? Also, when you say "time sales to avoid the 30-day window around vesting dates" - do you mean avoid selling 30 days before AND after each quarterly vest? That seems like it would severely limit when I can actually sell anything given how frequent the vesting is.

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