Taxes
Federal AMT, state income tax, capital gains stacking, NIIT, supplemental withholding gaps, and trailing state nexus when you move. Written for tech employees who actually have RSU income.
Tax planning for a W-2-only earner is a solved problem. The withholding tables run most of the math; an April return closes out anything unusual. Tax planning for a tech employee with equity comp is a different thing: supplemental withholding is structurally wrong for most of the audience, AMT re-enters the picture whenever you exercise ISOs, and a move between states triggers workday-allocation arithmetic that your payroll system will not do for you. The gap between what your employer withholds and what you actually owe often runs into six figures. That gap is where this section lives.
The supplemental-withholding trap
Every RSU vest is a taxable event. Your employer withholds at a flat 22% on the first $1M of supplemental wages per calendar year, and 37% above that. If your actual marginal rate is 32% or 35%, the 22% default under-withholds by 10-13 percentage points on every tranche. A senior IC at a public tech company with $400k of annual RSU income ends up owing $40-52k at filing that the payroll system never flagged. The supplemental withholding gap article walks through the math; the withholding-gap calculator runs it against your own numbers. For a first-order look by state and vest size, the $X RSU tax in Y state question library has pre-computed answers.
Fixing the gap is one of three things: bump your W-4 additional withholding, make quarterly estimates under IRC §6654 safe harbors, or accept the April shortfall and plan liquidity for it. Most tech employees pick the third by default without realizing it.
AMT, for the first time (and the tenth)
If you hold ISOs and exercise-and-hold, you will eventually meet AMT. The mechanics are deterministic: the spread between FMV at exercise and your strike price gets added to AMT income on Form 6251, an AMT exemption phase-out removes the cushion for higher earners, and the difference between tentative minimum tax and your regular tax becomes the check you write. California runs its own state AMT stacked on top, which surprises Bay Area employees every year.
The AMT you pay isn’t lost. IRC §53 creates a minimum tax credit that carries forward indefinitely and recovers over future years where regular tax exceeds tentative minimum tax. For a typical high-earner, it takes 4-10 years to fully work down a large AMT credit. The AMT credit calculator models how much you get back in a given year.
Capital gains, and why state residence matters
Federal long-term capital gains top out at 20% (plus 3.8% NIIT for MAGI over $200k single). That’s the ceiling for most equity sales federally. The state layer varies more than most tech workers realize: California taxes capital gains at 13.3% as ordinary income, while Washington has a 7% cap-gains tax above a threshold, and Texas, Florida, and Nevada don’t tax either. The capital gains calculator stacks all three layers for you. The $X capital gain in Y state question library is pre-computed for 30 gain sizes across every state.
For founders and early employees, QSBS is the escape valve that zeroes out federal tax on qualifying gains up to the greater of $10M or 10× basis. Not all states conform: California, New Jersey, Pennsylvania, and Mississippi tax the full gain regardless of the federal exclusion, which is the single most valuable reason to consider relocation before a sale.
The move-state problem
Moving states mid-grant creates trailing tax obligations that payroll software will not model. California’s residency audit focuses on domicile factors (driver’s license, voter registration, spend-patterns, family location), not just address; trailing nexus sources RSU income to workdays between grant and vest, which means a California grant that vests in Texas still owes CA its share. The moving-out guide is specifically about doing this cleanly; per-state variants are under the state hub.
Next step
If you’re a public-company RSU earner in a 32%+ bracket, run the withholding-gap calculator before your next vest. If you’re considering a significant ISO exercise, run the AMT calculator and verify the first-year hit against your liquidity. If a move is on the table in the next 12 months, read the relevant state guide before you commit to the timing. When any of these moves are meaningful enough to warrant a CPA review, match with an advisor — the one-hour-of-advice cost is typically 5-10% of what’s at stake.
AMT paid on ISO exercises becomes a credit against future regular tax. Recovery can take one year or ten, depending on your tax profile.
The AMT exemption phases out at 25 cents on the dollar starting at $626,350 single. That creates an effective 35% AMT rate, higher than the headline 28%.
California's Franchise Tax Board audits former residents aggressively when equity income is involved. The 20-factor analysis they apply and how to prepare.
California parallels the federal AMT system with its own 7% rate on ISO preferences. Large exercises can produce six-figure state AMT on top of federal.
- The AMT Credit Carryforward: How Form 8801 Actually Gets You Your Money Back
AMT paid on ISO exercises becomes a credit against future regular tax. Recovery can take one year or ten, depending on your tax profile.
- The AMT Exemption Phase-Out: Why ISO Exercisers Hit a Cliff at $626,350
The AMT exemption phases out at 25 cents on the dollar starting at $626,350 single. That creates an effective 35% AMT rate, higher than the headline 28%.
- California Residency Audits and Equity Income: What the FTB Looks For
California's Franchise Tax Board audits former residents aggressively when equity income is involved. The 20-factor analysis they apply and how to prepare.
- California's State AMT on ISOs: The Extra 7% Layer Most Planners Miss
California parallels the federal AMT system with its own 7% rate on ISO preferences. Large exercises can produce six-figure state AMT on top of federal.
- Canadian RSU and Stock Options: Cross-Border Complications
Canadian tax rules for RSUs and stock options differ from US rules on timing, deductions, and source. For cross-border employees, the mismatches create planning opportunities and traps.
- Cross-Border RSU Taxation: Dual-Country Treatment and Credit for Tax Paid
When RSUs vest during a cross-border career, two countries often claim the right to tax the same income. Treaty rules, sourcing, and foreign tax credits determine who actually collects.
- Disqualifying Disposition as an AMT Safety Valve: When a Same-Year Sale Saves You
A same-year ISO exercise and sale is a disqualifying disposition that absorbs the AMT preference. Sometimes the disqualifying path costs less.
- Domicile Change: The 20-Factor Test States Actually Apply
States use a 20-factor test to determine domicile. For high-income movers, each factor is scrutinized. The documentation and planning required to win an audit.
- Dual-State Residency Claims: Risk and Documentation
Two states can claim you as a resident in the same tax year. When that happens, you owe tax to both, and only one provides a credit against the other.
- Equalized-Tax Provisions in Expat Compensation Packages
Tax equalization and tax protection clauses keep expats whole against the higher-tax country. The mechanics on equity-comp vesting are where things get expensive for the employer.
- IRS Forms 8938 and 3520 for Foreign Equity Vehicles: Reporting Thresholds
US taxpayers with foreign equity-compensation vehicles often trigger Form 8938 (FATCA) and Form 3520 (foreign trust) reporting. Thresholds, penalties, and common filing errors.
- India-to-US H1B Holders: Equity-Compensation Tax Planning
Indian nationals on H1B with US-company equity face no totalization agreement, PFIC risks on Indian funds, and trailing Indian tax obligations on US-vested stock if they return home.
- The $100,000 ISO Annual Vesting Limit Under IRC §422(d)
Options vesting above $100,000 in a calendar year automatically convert to NSOs under §422(d). The rule catches many early-employee grants.
- The 90-Day Post-Termination ISO Exercise Window: A Planning Trap
Leave the company with unexercised ISOs and you typically have 90 days to act. After that, the options expire or convert to NSOs.
- ISO Early Exercise with 83(b): Starting the QSBS Clock on Options
Early exercise of unvested ISOs with an 83(b) election can start the §1202 five-year clock and the §422 qualifying clock on the same day.
- Exercise-and-Hold vs Cashless Same-Day Sale: When Each ISO Approach Wins
Two ISO strategies produce very different tax outcomes. Exercise-and-hold targets long-term gain; cashless same-day targets immediate liquidity.
- ISO Qualifying vs Disqualifying Disposition: The 1-Year and 2-Year Clocks
Two clocks determine whether ISO gains are long-term capital gain or ordinary wages. Miss either and the tax picture flips.
- Massachusetts Millionaires' Tax: The 4% Surcharge on Equity-Heavy Years
Massachusetts's Fair Share Amendment adds a 4% surcharge on income above $1M. For tech employees with lumpy RSU vesting, this hits hard in specific years.
- Moving From the US With Vested Equity: The Trailing-Tax Problem
Leaving the US with vested RSUs, options, or stock creates continuing US tax claims on equity income attributable to US work. The trailing obligation can persist for years after departure.
- No-Tax-State Strategies: Texas, Florida, Nevada, Wyoming for Equity Earners
Moving to a no-income-tax state can save 9-13% of equity income. The nine states with no tax and how to establish genuine residency.
- NSO Exercise State Tax for Remote Workers: Where Is the Income Sourced?
State taxation of NSO spread depends on where services were performed during the vesting period, not where you live at exercise.
- NYC's Additional 3.876% City Tax on Equity Income
New York City residents pay state tax plus an additional 3.876% city income tax. On a $2M RSU vest, that's $77K beyond state tax.
- Partial ISO Exercises: Sizing to the AMT Crossover Point
Exercising exactly up to the AMT crossover point produces zero AMT liability. The exact number depends on your other income and deductions.
- PFIC Rules for Foreign Pre-IPO Investments: The 1291 Fund Trap
PFIC rules under IRC 1291 tax US holders of foreign pre-IPO funds and non-US mutual funds at punishing ordinary rates with interest charges. The elections to mitigate must be timely.
- Section 83 for Foreign Citizens Working in the US: Treaty Nuances
Non-US citizens working in the US face IRC 83 treatment on equity vesting plus potential home-country taxation. Treaties and the 83(b) election interact in ways that can help or hurt.
- State Tax on ISO Exercises Across Inter-State Moves
ISO exercises generate AMT income at exercise and capital gain at sale. When these events straddle a state move, allocation becomes complex.
- State Tax on Pre-IPO Secondary Sales
Selling pre-IPO shares in a tender offer or private secondary is a taxable event. State sourcing depends on residency at sale, not at grant.
- Totalization Agreements and Equity Income: Social Security Coordination
Totalization agreements prevent double social security taxation on cross-border workers. For equity income, the certificate of coverage matters as much as the income tax treaty.
- Trailing Nexus: The Workday Allocation Rule for RSUs Vesting After a Move
California applies workday allocation to RSUs granted before a move and vesting after. The math can pull millions of dollars back into California tax.
- UK-to-US Equity Transfers at Tech Companies
Moving from a UK tech employer's London office to the US parent triggers specific issues: SAYE conversion, EMI option treatment, and restart of ISO holding periods.
- Washington's 7% Capital Gains Tax: Who Owes and Who Doesn't
Washington's 7% capital gains tax applies above a $270K exclusion (2025) on long-term gains. For Seattle tech employees, the exemptions and planning levers matter.
- International Equity Comp: What Changes When You Work Across Borders
Cross-border tax treatment of RSUs and options for inbound assignees, outbound expats, and dual-country residents. The rules that actually control your bill.
- Your First AMT Bill: Why ISOs Trigger It and How to Model It
A plain-language walkthrough of how alternative minimum tax works when you exercise ISOs, with a full worked example and the AMT credit recovery path.
- Moving Out of California with Unvested Equity: The Trailing Nexus Problem
Why California still taxes your RSU vests after you've moved, how the workday apportionment rule works, and the documentation that survives a residency audit.
- ISO Exercise Strategy: When to Exercise, When to Hold, When to Walk
The three-way decision every ISO holder makes every year, broken down by strike price, spread, AMT exposure, and company stage.
- Paycheck Taxes for RSU Holders: The Supplemental Withholding Gap
Why your April tax bill is always larger than expected when you have RSUs, and the three ways to close the gap before penalties apply.