Should I report 1099-B sale made by my company to cover tax?

Forum|Forum|3 years ago
April 6, 2023
1 reply
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I have a short term transaction listed on my 1099-B that was not reported to the IRS, reflecting a sale of company stock (RSU). I was not aware of this sale, and called my brokerage to ask about it -- they confirmed that the sale was made by my company to cover tax at vesting, and the sale is the tax itself. I should not have to pay additional tax on it. However, it is still listed on my 1099-B as a short term, unreported transaction. Can I just not report it? What should I do?

Stocks

Bsch4477

Employee

You have to report it. The net proceeds are income to you that were used on your behalf.

km63Author

But that sale amount is the tax for RSU. Why do I need to pay additional tax for the tax (paid thru stock sale)?

HelenC12

Since the gain on that stock sale was included as income on your W-2, to avoid double taxation:

You will need to change the stock basis on the date of the sale, to the price on the date of sale.
The result is zero gain or a minor loss due to brokers commission/fees.
The IRS will expect to see that information on your tax return.

For additional information, see the TurboTax article: Non-Qualified Stock Options.

Restricted stock units (RSUs) are a promise to grant shares of stock to an employee, either on a vesting schedule or when the employee reaches certain milestones with the company.

When you receive an RSU award, you don't actually own the stock until it vests. Accordingly, there is nothing to report at the time of the award.

Once the stock has vested, the fair market value of the stock gets reported as ordinary income, usually in box 1 of your W-2. In some companies, employees can earn dividends from unvested RSUs—these are also reported in box 1 of their W-2 forms.
After vesting, you own the stock outright. Should you later sell those shares, you'll get a 1099-B, which will report the gain or loss from the sale.

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