F-1 OPT: How to report RSU sales with no 1099-B? (India Tax Treaty/W-8BEN)
Hi everyone, looking for some tax guidance for the 2025 tax year. My situation is a bit specific:
- Status: F-1 Student on OPT (Nonresident Alien for tax purposes).
- The Situation: I was granted RSUs while working for a U.S. company in my home country (India). I moved to the U.S. and sold those shares last year while physically present here on my F-1 visa.
- The Forms: I submitted a W-8BEN to my broker, so I did not receive a Form 1099-B. I do have a W-2 from my current U.S. employer.
- Tax Treaty: I know the US-India treaty exists, but it doesn't seem to cover Capital Gains for NRAs.
- Presence: I was physically in the U.S. for more than 183 days last year.
My Questions:
- Reporting: Since I don't have a 1099-B, how do I manually report these sales on Form 1040-NR? Is it Schedule NEC?
- Calculation: How do I determine the "cost basis" for RSUs granted abroad? Is it the Fair Market Value (FMV) on the date they vested?
- Tax Rate: Am I stuck with the flat 30% NRA tax on these gains since I hit the 183-day mark?
- Recommendations: Can anyone recommend a tax pro or software (like Sprintax) that specifically handles cross-border RSU issues for F-1 students?
Would highly appreciate the help. Thanks again
u/Rich-Journalist9976 — 6 hours ago