Interpretation of RSU Date Acquired for Same Day Sale GCT Matching Rule

I am in receipt of RSUs from my employer. They and their appointed broker use a “Sell To Cover” method to deduct and pay Income Tax at the Vest Date. I am able to sell the resulting shares following the settlement period after the Sell To Cover on the Vest Date. Typically this is 2 to 3 business days. Question 1: If I sell the remaining shares on the first day that I am able to, is this considered a “Same Day Sale” per the CGT matching rules? Question 2: How would I demonstrate that I have performed a “Same Day Sale”, given that the broker records I receive refer to the Vest Date? I do not receive a specific report that states when the shares are actually sellable, I have to simply have to monitor over the 2/3 day settlement period.

Hi Gareth Williams,
As the payment is from your employer, the income should be shown in the employment section if it is included in your P60.
You would then claim credit for the Tax in the foreign section under 'Employment, self-employment and other income which you paid foreign tax on'.
If it's not included in your P60, please include it on the box on the employment page for 'Tips and other payments not included on your P60'. ERSM20193 advises that when RSUs payout at the market value on what is called "dividend equivalents" in either cash or shares, such payments will generally be taxed as earnings in the year they are received.
ERSM20193 - Employment-related securities and options: what are securities: RSUs and dividend equivalents
It is only if you retain the stock units after they vest that capital gains tax may be payable.
Thank you. 

Hello Admin 25, Thank you for the info. My question is specifically about the interpretation of dates in the GCT scenario. There is no issue with Income Tax and P60 entries. Could you please recheck my question and re-answer? I can state my question a little differently if it helps: You say "It is only if you retain the stock units after they vest that capital gains tax may be payable". This is a common way to state things, however often the recipient cannot actually action the stock on the Vest Date and so I am seeking clarity on how that scenario is treated. In the scenario where I have sold the stock units as quickly as I can (2 to 3 business days after the vest date), are they treated as a Same Day Sale for GCT matching rules? I contend that in the case where a person cannot sell stock until 2-3 days after the Vest Date that the date acquired per https://www.gov.uk/hmrc-internal-manuals/capital-gains-manual/cg51560#IDATX33F would the the first day they can sell the stock, not the Vest Date. This is important because, per that document, "If there is an acquisition and a disposal on the same day the disposal is identified first against the acquisition on the same day, TCGA92/S105 (1)(b)." Clarity on this is key to working out the costs for CGT.

Hi Gareth Williams,
The issue appears to be the time lapse between the shares vesting and you receiving them from the US.
We would need further information relating to the reason for the delay.
Guidance at the following link refers to the acquisition date as when you become beneficially entitled to the securities and applying a common sense approachin identifying  a date of acquisition ERSM20420
ERSM20420 - Employment-related securities and options: definition of ‘acquisition’ of securities or option
Thank you. 

Thank you HMRC Admin 25, I think ERSM20420 gives me the guidance I need, particularly the part you mentioned. The reason for the delay is that my employer and the broker automatically sell a portion of the RSUs on Vest in order to withhold part of the value for Income Tax. Income Tax is handled by my employer. This shows in my broker records as a "Sell To Cover" transaction that seems to take 2 to 3 business days to complete. I can't sell the remaining shares until that transaction has completed - they aren't there in the broker account for me to sell despite having Vested 2 to 3 business days earlier. Thank you.