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I sold RSUs at a loss in the same year they vested. Are the RSU's totally subject to capital gains rules or can I use the capital loss without offsetting capital gains?

Forum|Forum|6 years ago
June 1, 2019
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Since my capital loss related to selling the RSUs is in the same period as the ordinary income from the vesting of the RSUs, I would like to know if I can take the capital loss without having to offset capital gains? Seems unfair to make me recognize income in a year when the value of the RSU created a loss.

TurboTax Premier Windows

Best answer by TomYoung

You can't somehow "shift" a loss from a particular sale to offset some ordinary income.

The mechanics of first offsetting short term gains and loss, then offsetting long term gains and loss, then offsetting short gains/loss against long gains/loss, and finally allowing a limited amount of a loss resulting from that process to offset ordinary income is just the way the law works.

Tom Young

T

TomYoungAnswer

You can't somehow "shift" a loss from a particular sale to offset some ordinary income.

The mechanics of first offsetting short term gains and loss, then offsetting long term gains and loss, then offsetting short gains/loss against long gains/loss, and finally allowing a limited amount of a loss resulting from that process to offset ordinary income is just the way the law works.

Tom Young