When do RSU shares inherit section 104 holding gains/loses

The company I work for (US based) awards RSU shares annually which partially vest each quarter over a 5 year period. I have a US broker account where the previously vested shares reside. I understand that I need to treat these shares as a section 104 holding for the purpose of CGT calculation when I sell. I was recently told by an advisor that for newly vest shares, there is a period which I can sell them before they add to and inherit the section 104 holding gains/loses. I can sell immediately (on the day they vest) up to 30 days after the vest date. I wanted to confirm is this correct?

Hi 

The 30 days you refer to is when you sell the shares and buy back the same ones, it is classed as bed and breakfast rules.
Please refer to CG13350 - Bed and breakfasting: general and subsequent pages.

Thank you

Thanks, so am I right in saying as soon as the new RSU shares vest they immediately inherit (add to) the section 104 holding?

Hi,

If you dispose of the shares immediately upon vesting, there is no capital gains element. If you hold on to the shares, then Capital Gains Tax may be payable. It is up to you if you want to pool all shares of the same type from the same company into a S104 holding. You can see guidance here:

HS284 Shares and Capital Gains Tax (2024)

Thank you.

Thank you, this is clear.