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Posted Sun, 22 Sep 2024 15:47:36 GMT by euricomoita
My employer grants us RSUs as part of compensation and these vest four times per year. When the stocks vest the employer automatically sells 47% of the shares to cover the income tax and national insurance that falls on those shares. The total vested value of the shares is reported in PAYE. I then immediately sell the shares and don't hold them, but the sale might take a few days to execute and the price I get may be higher or lower than the value they vested at. This means my capital gains are small but not zero. My accountant is using Section 104 holdings rules to compute the capital gains, which is generating a higher value than what I actually received, because the share's value has risen during the tax year and the Section 104 computation is using a cost basis that is lower than the actual value of the shares. This means that I could potentially be liable to pay CGT on gains I never got. Since I never hold shares from previous vests when I receive a new batch and sell immediately do I need to use Section 104 computations or can I just report the actual gains from each sale? Thank you.
Posted Tue, 01 Oct 2024 10:39:15 GMT by HMRC Admin 19 Response
Hi,
There is no requirement for you to use S104 holding. It is a single pool of expenditure usually representing the actual cost of shares, instead of itemising each disposal individually. You would need to work out the gain on each disposal and declare that in your tax return.
Thank you.

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