1 - If my spouse gives me Restricted Stocks Unit RSU that he must sell so he can give me a corrsponding $ amount, and we are both filing separately since separation, who is ultimately responsible to pay tax on capital gain when selling those RSU, me (receiving a $amount) or my spouse (selling RSUs)? (Please note that the company automatically withdraws money when RSUs are sold (to prepay taxes and I cannot be given any RSU pre-tax)
1 - If that is my spouse who is responsible to pay, then his tax bracket will apply. So my husband will do his own tax return afterward and maybe I may receive money back on any overpaid amount. Is this correct?
2 - If that is me who is responsible to pay taxes on RSUs, then my own tax bracket should now applies , correct? Then shall I pay only state tax or both federal and state taxes on those cashed out RSU? . Would my husband then get reimbursed by the IRS completely on what the company already withdrew, after he does his IRS tax declaration since he will declare that he gave me the totality of the money for those sold RSUs ?