I don’t think this is true? My understanding, from my company which mandates sell to cover on vest, is that the cost basis is the price on the day of vest. The shares that are sold to cover are sold at the same price so there are no gains or losses and the amount that is sold is (in theory, if you’ve set it up this way) equal to your marginal tax rate so you end up paying around the correct amount to not have a huge tax bill.
If you set your sell to cover % very low, then yes you will have a large tax bill because the vest value is treated as ordinary income and taxed at that rate. I do know some people at my company that intentionally set it to the lowest possible % and invest the difference while paying quarterly estimated tax payments, but it’s too much of a hassle for me personally.
What likely happened is that the supplemental withholding rate (22% for supplemental income up to $1 million, and 37% for income exceeding that amount) was lower than your marginal tax bracket, and the tax you owed was a result of the supplemental income (the RSUs) incurring more tax liability than was withheld for them.
So say you had $50k in stock vest and you sold $10k to cover the income tax. It's likely that when you import your 1099 that the cost basis is set to $0 on the $10k which if treated as a gain is a $2k-$3k tax bill. But if you find the adjusted cost basis and enter it the taxes drop to essentially $0.
So if you've experienced a huge, unexpected tax bill from RSUs vesting, go back and look at your tax return. If you see a $0 cost basis on the form then you overpaid. It may not be too late to amend your return and get it back.
Can't emphasize this enough. Etrade does this, which is maddening. The form they send has the wrong numbers (zero cost basis).
There's another form buried in their website where you can get the actual cost basis. Must use that one, otherwise will massively overpay taxes.
Why Etrade why.
"If the securities were acquired through the exercise of a compensatory option, the basis has not been adjusted to include any amount related to the option that was reported to you on a Form W-2."*
Say more? Why would I ever want to adjust my cost basis to something other than the shares' FMV at vest (which, in my experience, is always the default)?
E*TRADE at least provides an addendum that lets you know the adjusted cost bases to report to the IRS.
In my case this happens for RSUs and—I believe—not for ESPPs which are reported correctly out the gate.
These will be sold at exactly the value you acquired them at, meaning there are no gains whatsoever.
The details may depend on the employer + brokerage.
I've never had a problem with cost bases for RSUs, they get imported just fine.
- Be conscious of what is going on with sell to cover on RSUs if you go that route, especially shortly after you joined a company or vesting a new grant these will also be sold at short term gains (if the stock went up), also going towards you taxable income. This is an easy way to end up with a surprise monster tax bill. I prefer to always pay the taxes in cash if possible to make everything simpler.
- Make sure to plan to pay quarterly taxes if the stock is rising/you want to sell a fair bit to not get stuck with both a big bill at tax time and penalties
-Short term losses can offset short term gains, long term losses can offset long term gains, but they can't offset each other
-DO NOT FORGET TO ADJUST YOUR COST BASIS ON RSU SALES WHEN FILING TAXES