LTCG on Foreign RSU Stock sale

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Sir,

If an employee sells his RSU units after 2 years of vesting completion, please update the LTCG rate.

Employer's stock listed in US, and allotted to an employee working in India. 

Grant-2015 ; Vesting period - 2016 to 2018 in parts; RSU units deducted as Tax in India, before allocation.

Sold in Nov'2024.  No Tax deducted in US for the sale.

In 2024-25 FY in ITR-2 return, 

  1. Will the LTCG tax on foreign listed RSU slae,  be  20% after indexation.
  2. Is no tax payable, if the acessor has only LTCG from above foreign listed RSU and the gain is < 1 Lakh
  3. (or) will this be treated a perquisite from the employer and to be added to salary with slab rate (say 30%). Note : the employee left the company years before the sale happened
  4. In form-67, apart from DTTA of foreign tax on dividend income, should we mention long term capital gain details of RSU sold, in Form-67. (or) only it should be mentioned in LTCG of ITR-2.

Thanks

Replies (2)

The LTCG tax rate on the sale of foreign-listed RSUs is 20% after indexation. If the total LTCG is less than one lakh, no tax is payable. 

The RSUs are taxed as perquisite at vesting and as capital gains at sale. Details of the RSU sale should be reported in the capital gains section of the ITR-2, and foreign tax credits, if applicable, should be claimed using Form-67.

Thanks Sir for the update.
1. But the Exemption of LTCG from Shares not listed on Indian Stock Exchange :   below article says 'No Exemption' allowed (<1 lakh) . Kindly clarify

.   (refer the last table)

2. Also in new ITR-2 > CG > LTCG > Which section to be filled for Foreign RSU sale                (from B1 to B12).  Is it B3 / 112(1) to be used.

3. If the RSU sale happened after 23/July/24, is 12.5% without indexation to be followed .
Thanks.


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