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The group are not employees. They're ex-employees. There is no employer relationship in this case. The responsibility for withholding is somewhere else.


RSUs are wage income, and subject to supplemental wage withholding. The responsibility for wage withholding is with the payer.


I would be wary of assuming that is true for purposes of RSUs. Whether these folks and the company consider them current "employees" is not the employee-employer test for tax withholding purposes.


I'm no expert - not even a talented amateur. But, RSU's for employees are equity, and RSU's for non-employees are expense. I'm assuming, because books must balance, that there's a similar split in tax (and responsibility for tax).




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