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Posted Fri, 17 Nov 2023 00:13:47 GMT by
I am a UK tax resident. My UK employer operates an RSU reward scheme related to their their US traded stock, through a US broker. There are multiple vest dates throughout each the year. On each vest day, a certain number of restricted stock units 'lapse'. The next day after the vest (lapse event), the US broker deposits the same amount of shares to my investment account for me to use as I please. The problem: I would like to apply the 'same day' rule so that I can sell the shares that are vested immediately (instead of using the section 104 holding rules). How can this be achieved or justified? My understanding is that for the same day rule to apply, the disposal needs to take place on the same day as the acquisition. However is the acquisition day here the vest day or is it the day the broker actually deposits the vested shares in my account? I am not able to sell shares on vesting day, as they are made available to me for selling the day after vest. Some guidance around dates would be appreciated.

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