ESOP

Tax deductibility of ESOP expense

Income Tax - Prologue The shares allotted by the employer under Employee Stock Option Plan (ESOP) are taxable in the hands of the employees as perquisite u/s 17(2)(vi) of the Income-tax Act, 1961 (‘the Act’) under the head salary. Regarding ESOP, the bone of contention between the employer Assessee and the tax department is on the tax deductibilit...

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Procedure for Issue of ESOP & benefits of its introduction in Startups

Income Tax - Procedure for introducing ESOP scheme and benefits of introducing ESOP scheme in Startups In recent years,startups have proven to be very successful in India. It has been observed that startups are budding at a rate of 10-12% per year. Startups to be successful must retain their hardworking employees and at the same time have to […...

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Taxability of ESOP under Income Tax Act, 1961

Income Tax - 1. WHAT IS ESOP? ESOP means Employees Stock Option Plan. It enables employees to buy company share at discounted price. Start-ups have great business idea but a limited financial resource to operate in the initial years. It is popular these days as starts-ups generally use ESOP to attract and retain highly talented employees for long [&he...

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All About Employee Stock Option Plan (ESOP)

Income Tax - Employee Stock Option Plan (ESOP) or Equity incentive plan is the scheme through which the companies provide ownership rights to its employees. ESOP is governed through Section 62(1) (b) of the Companies Act, 2013 (CA, 2013) and SEBI (ESOS and ESPS) Guidelines, 1999 as amended....

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Foreign Tax Credit under Employee Stock Option Scheme (ESOS)

Income Tax - Foreign Tax Credit under Employee Stock Option Scheme (ESOS) ITR filing due date are coming closer and we all must have now initiated our tax filings as well. But here we must need not forget one important aspect, applicable if you are getting benefit of stock options as a part of your CTC in your […]...

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Tax on ESOPs should be only at the point of sale of shares by employees

Income Tax - The section states that ESOPs issued free of cost or at concessional rates will be taxed on the date of exercise on the difference between the fair market value and the amount  actually paid by the employee. ...

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Expense on issue of shares under ESOP allowable

Pr. CIT Vs Lemon Tree Hotels (P) Ltd. (Delhi High Court) - Pr. CIT Vs Lemon Tree Hotels (P) Ltd. (Delhi High Court) The question of law urged with respect to expenditure claimed towards case of Employee Stock Ownership Plan (ESOP) has been subject matter of previous orders of this Court in respect of the present assessee. For A.Y. 2008-09 in ITA 107/2017 (C...

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Employees Stock Option Scheme Compensation expense allowable

DCIT Vs M/s. Info Edge India Ltd. (ITAT Delhi) - DCIT Vs M/s. Info Edge India Ltd. (ITAT Delhi) From the order of ld. CIT(A), it is clear that the ld. CIT(A) has relied on various decisions and has per the decisions relied by the ld. CIT(A), the ESOP has been treated as Revenue expenditure. The Revenue did not bring any contrary decision against t...

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ESOPs Holding period to be from date of grant not from date of vesting

Shri. N. R. Ravikrishnan Vs ACIT (ITAT Bangalore) - Period of holding ESOP options transferred by the assessee in course of buy-back scheme of his employer was to be counted from the date of grant of ESOP option and date of vesting was not relevant as options were transferred without any exercise....

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STCG or LTCG on transfer of ESOP options depends on holding period

N. R. Ravikrishnan Vs ACIT (ITAT Bangalore) - Gain arising on transfer of ESOP options should be taxed as long term capital gains where the holding period was more than 3 years as assessee acquired a valuable and transferable right and the right of share constituted capital assets from the date of grant....

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Expenses / Discount on ESOP exercised by the employees are allowable

Pr. CIT Vs New Delhi Television Ltd. (Delhi High Court) - Pr. CIT Vs New Delhi Television Ltd. (Delhi High Court) Legislature itself contemplates the discount on premium under ESOP as a benefit provided by the employer to its employees during the course of sendee. If the Legis­lature considers such discounted premium to the employees as a fringe benefit o...

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Company may permit empaneled stock brokers to fund ESOP

SEBI/HO/CFD/DCR1/OW/P/2020/0011948/1 - (20/07/2020) - As per Regulation 9(2) of the SEBI (Share Based Employee Benefits) Regulations, 2014 (SBEB Regulations)  the company may permit the empaneled stock brokers to fund the payment of exercise price which shall be adjusted against the sale proceeds of some or all the shares, subject to the provisions of...

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Recent Posts in "ESOP"

Tax deductibility of ESOP expense

Prologue The shares allotted by the employer under Employee Stock Option Plan (ESOP) are taxable in the hands of the employees as perquisite u/s 17(2)(vi) of the Income-tax Act, 1961 (‘the Act’) under the head salary. Regarding ESOP, the bone of contention between the employer Assessee and the tax department is on the tax deductibilit...

Read More
Posted Under: Company Law |

Procedure for Issue of ESOP & benefits of its introduction in Startups

Procedure for introducing ESOP scheme and benefits of introducing ESOP scheme in Startups In recent years,startups have proven to be very successful in India. It has been observed that startups are budding at a rate of 10-12% per year. Startups to be successful must retain their hardworking employees and at the same time have to […...

Read More
Posted Under: Company Law |

Taxability of ESOP under Income Tax Act, 1961

1. WHAT IS ESOP? ESOP means Employees Stock Option Plan. It enables employees to buy company share at discounted price. Start-ups have great business idea but a limited financial resource to operate in the initial years. It is popular these days as starts-ups generally use ESOP to attract and retain highly talented employees for long [&he...

Read More
Posted Under: Company Law |

All About Employee Stock Option Plan (ESOP)

Employee Stock Option Plan (ESOP) or Equity incentive plan is the scheme through which the companies provide ownership rights to its employees. ESOP is governed through Section 62(1) (b) of the Companies Act, 2013 (CA, 2013) and SEBI (ESOS and ESPS) Guidelines, 1999 as amended....

Read More
Posted Under: Company Law |

Foreign Tax Credit under Employee Stock Option Scheme (ESOS)

Foreign Tax Credit under Employee Stock Option Scheme (ESOS) ITR filing due date are coming closer and we all must have now initiated our tax filings as well. But here we must need not forget one important aspect, applicable if you are getting benefit of stock options as a part of your CTC in your […]...

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Posted Under: Company Law |

Share based employee benefits – Regulatory aspects

Human Capital is a pivotal pillar for the prosperity of a company. With the growing economy and increase in opportunities, it has become essential for the companies to come out with beneficial remuneration schemes to retain their senior employees as well as attract superior talents. The Employee benefit schemes have become leading channel...

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Posted Under: Company Law |

Start-ups: Registration, benefits & lower income tax rate of 15%

This article explains meaning of Eligible start-up, process of recognition of an entity as eligible start-up, various benefits available to a startup and related procedural & legal aspects Section/ Notification Provision Explanation (i) & (ii) to section 80-IAC Read with Notification dt. 19 Feb. 2019       “El...

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Posted Under: Company Law |

ESOP Vs Sweat Equity Shares

An employee is the key of the success of every organization and every employee deserves to be compensated for the efforts made by them to make the organization successful in the competitive market and the issue of Sweat Equity shares and ESOP is the best way to compensate them also in order to motivate the […]...

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Posted Under: Company Law |

Employee Stock Option Plan – A complete concept

Meaning of ESOP It is a system by which a company allows its employees to purchase shares of the company. In certain cases, a foreign holding company provides the employees of an Indian subsidiary with such an option. Under this scheme, employees are granted options, which allows the employee to buy the stock at a […]...

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Posted Under: Company Law |

Company may permit empaneled stock brokers to fund ESOP

SEBI/HO/CFD/DCR1/OW/P/2020/0011948/1 (20/07/2020)

As per Regulation 9(2) of the SEBI (Share Based Employee Benefits) Regulations, 2014 (SBEB Regulations)  the company may permit the empaneled stock brokers to fund the payment of exercise price which shall be adjusted against the sale proceeds of some or all the shares, subject to the provisions of the applicable law or regulations. Thus...

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Recognition and Benefits for Startups including Tax Benefits

Startup India Scheme is an initiative by the Government of India under leadership of Mr. Narendra Modi for generation of employment and wealth creation. The goal of Startup India is to develop and innovate products and services and increase the employment rate in India. To promote growth and help Indian economy, many benefits are being g...

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Posted Under: Company Law |

Employee Share Based Payments and Its Taxation Aspects

ESOPs is one of the best ways to incentivise employees, and to retain them for a long period of time. It works as a catalyst for the employees’s growth as well as for the growth of the company. There are other options such as ESPP and SARs which are similar to ESOP.  This article also […]...

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Posted Under: Company Law |

Procedure for Issue of Employee Stock Option Plan

What Is an Employee Stock Ownership Plan (ESOP)? An ESOP is an employee benefit plan that gives workers ownership interest in the company that is floated by the Company to encourage the employee ownership in the Company. ESOPs give the Employer Company, the selling shareholder, and participants receive various benefits like tax benefits, ...

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Posted Under: Company Law |

Accounting and Tax Treatment of ESOP

♦ Basic & Accounting Treatment of ESOP : What is ESOP: ESOPs, ‘Employees Stock Ownership Plans’ or “Employees Stock Options Plans” is the generic term for a basket of instruments and incentive schemes provided to the employees of the company. A Stock Option is a right but not an obligation granted to an emplo...

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Posted Under: Company Law |

Employee Stock Option Plan – An Overview- As amended by Finance Act, 2020

An Overview of Employee Stock Option Plan (As amended by Finance Act, 2020) Introduction ESOPs are a significant component in the compensation of the employees of start-ups as it allows the founders and start-ups to employ highly talented employees at a relatively low salary amount with balance being made up via ESOPs. ESOPs are taxed [&h...

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Posted Under: Company Law |

Share Warrant & ESOP- Procedure of Issue & Taxation

Article explains what is Share Warrant and what is ESOP. It further explains to who Share Warrant and ESOP can be issued, Procedure for issue of Share Warrant and ESOP and Taxation of Share Warrant and ESOP. Share Warrant: What is Share Warrant? -Share warrant is an option issued by the company that gives the […]...

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Posted Under: Company Law |

Taxability of ESOPs

Employees Stock Option Plan (ESOP) has gained enough popularity after young start ups struggle to attract suitable human capital. This becomes more relevant as the start ups are not able to offer them hefty pay packages. In such situations ESOPs have been proved to be useful tool for employee retention by giving them a sense of ownership....

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Posted Under: Company Law |

Checklist For ESOP (Employee Stock Option Plan) by private company

Checklist for issue of ESOP by private company As per 2(37) ’employees stock option’ means the option given to the directors, officers or employees of a company or of its holding company or subsidiary company or companies, if any, which gives such directors, officers or employees, the benefit or right to purchase, or to subscr...

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Posted Under: Company Law |

Math of ESOP World

Union Budget 2020-21 has undoubtedly paved the way for start ups to retain and recruit the human talent by issuing ESOP in the initial years when most of them face liquidity crunch. The Union budget 2020-21 speech states in the words of honourable finance minister Nirmala Sitharaman, “I propose to ease the burden of taxation [&helli...

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Posted Under: Company Law |

Esop Accounting and Taxability

This is my approach to explain the ESOPs Accounting, Taxation & Compliance in simpler terms. Ind AS (Accounting) The accounting for ESOP is dealt by Ind AS 102, Share-based Payment. First we need to understand terminology used in ESOP, which are as follow: Grant :  Grant means issue of options to employees under ESOP. Exercise: It [...

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Posted Under: Company Law |

Deferring TDS or tax payment on income pertaining to ESOP of start-ups

Deferring TDS or tax payment in respect of income pertaining to Employee Stock Option Plan (ESOP) of start- ups. ESOPs have been a significant component of the compensation for the employees of start-ups, as it allows the founders and start-ups to employ highly talented employees at a relatively low salary amount with balance being made [...

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Posted Under: Company Law |

Decoding the Lesser Talked About Nuances of Finance Bill 2020

First prima-facie impression and euphoria of the Union Budget 2020, especially the Finance Bill 2020, appeared to be of one a taxpayer-pro budget, with the Queen (Read FM), giving copiously to her masses. But is this euphoria for a real?...

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Posted Under: Company Law |

Budget 2020- Demystifying hidden elements behind Budget Speech

Hello everyone, hope you all are doing well. This blog focuses on exploring the unknown elements of the Union Budget 2020-21 and analyses impact of proposed changes in Tax on Indian economy. Nirmala Sitharaman (Finance Minister (FM)) played very safely in his debut budget last time and kept distance from crucial issues to serve justice [&...

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ESOP Tales of Startups- Taxability Then and Now

Employee stock options (ESOP) are part of an Employee benefits program offered by Startups to engage the employees in a more effective manner. The ESOPs issued to the employees provide them the benefit or right to purchase the shares of the Employer company, at a predetermined price, in a future date. Widely considered as a […]...

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Posted Under: Company Law |

A new way to do tax planning and why hardly anyone “gets it”

It really hurts to see a large pie of the salary cut towards tax. So the obvious question in everyones mind is How do I reduce my tax?. Every year we are forced to invest in something which reduces our tax liability. It may be NSC…it may be PPF…it may be ulip…it may be Mutual Fund ELSS....

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Posted Under: Company Law |

Employee Stock Options for Startups

What is Startup India? Startup India, initiated by the Government of India is a flagship initiative launched in January 2016. This initiative is taken by the government of India to boost the ecosystem for supporting innovation and startups in India. Through this scheme, the government is looking forward to driving sustainable economic dev...

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Posted Under: Company Law |

Decoding ESOPs: Legal Framework, Tax Implications & Compliances

The following are the important aspects of ESOPs in relation to the legal framework, procedure for its issuance, tax implications upon its exercise and on sale, its compliances and reporting:...

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Posted Under: Company Law |

ESOP by a Private Limited Company

Employee Stock Option Plan (ESOP) is the option provided to employees to purchase the shares of the company at a future date at a pre-determined price. ESOPs give the employee a right to purchase the share, but not an obligation, to buy a certain amount of shares in the company at a predetermined price for […]...

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Posted Under: Company Law |

Expense on issue of shares under ESOP allowable

Pr. CIT Vs Lemon Tree Hotels (P) Ltd. (Delhi High Court)

Pr. CIT Vs Lemon Tree Hotels (P) Ltd. (Delhi High Court) The question of law urged with respect to expenditure claimed towards case of Employee Stock Ownership Plan (ESOP) has been subject matter of previous orders of this Court in respect of the present assessee. For A.Y. 2008-09 in ITA 107/2017 (Commissioner of Income Tax […]...

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Employee Stock Option Plan – Meaning, Benefits and Process

Introduction Traditionally, ESOPs were given to remunerate senior employees and to acknowledge their proven contribution to the company. However, in modern times, ESOPs are used as compensation and motivational tool as startups can’t afford to spend high salaries in the beginning stage. Employee Stock Options in India has gained immense...

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Posted Under: Company Law |

Employees Stock Option Scheme Compensation expense allowable

DCIT Vs M/s. Info Edge India Ltd. (ITAT Delhi)

DCIT Vs M/s. Info Edge India Ltd. (ITAT Delhi) From the order of ld. CIT(A), it is clear that the ld. CIT(A) has relied on various decisions and has per the decisions relied by the ld. CIT(A), the ESOP has been treated as Revenue expenditure. The Revenue did not bring any contrary decision against the […]...

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Process of Employees Stock Option Scheme (ESOP)

Employees Stock Option Scheme (ESOP) Section 62 of Companies Act, 2013 read with Rule 12 of Companies (Share Capital and Debenture) Rules, 2014 Sl. No. Compliance Brief Compliance Description Reference Section/ Clause/ Rule Act/Rules/Regulations/ Notification/ Agreement Details required from client 1 Check the Articles for any specific pr...

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Posted Under: Company Law |

ESOP (Employee Stock Option Plan)

In a layman’s language, Employee Stock Option Plan (ESOP) is an option given as a right and not an obligation to the employees of the Company to purchase the Company’s shares at a fixed price during a specified period of time. We can say that ESOP drives benefit to the both the Company and the […]...

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Posted Under: Company Law |

ESOPs Holding period to be from date of grant not from date of vesting

Shri. N. R. Ravikrishnan Vs ACIT (ITAT Bangalore)

Period of holding ESOP options transferred by the assessee in course of buy-back scheme of his employer was to be counted from the date of grant of ESOP option and date of vesting was not relevant as options were transferred without any exercise....

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Employee Stock Option Plan for an Unlisted Company

CA Gourav Goyal Brief about Employee Stock Option Plan (ESOP) Employee Stock Option Plan (ESOP) is a frequently used incentive mechanism used by organizations. There are various reasons for which the employees of a company are given such stock options. The phenomena of stock options is more prevalent in start-up companies which cannot aff...

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STCG or LTCG on transfer of ESOP options depends on holding period

N. R. Ravikrishnan Vs ACIT (ITAT Bangalore)

Gain arising on transfer of ESOP options should be taxed as long term capital gains where the holding period was more than 3 years as assessee acquired a valuable and transferable right and the right of share constituted capital assets from the date of grant....

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Taxation of Employee Stock Options of Domestic and Foreign Companies

In this Article we will Discuss about Taxation of ESOPS for Employer and Employee and After Sale of Such Esops. Employee Share Options Plan is the option that a company provides to its employees to purchase the company’s shares on future dates at a pre-determined price. It is popular these days and many a times part of salary offer give...

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Posted Under: Company Law |

What are ESOPs?

Employee Stock Ownership Plan also commonly known as ESOP, is a skillful and well defined plan that is meant to provide advantage to both the employee as well as the employer, in which an employee mainly invests in the stock of the sponsoring company....

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Posted Under: Company Law |

Everything about Employee Stock Options Plans (ESOPs)

Almost all of you must have heard the stories of many drivers, office assistants and secretaries of Infosys becoming millionaire. This all could become possible due to a system of making such stakeholders as stockholder of the Company by granting them what is generally known as ESOP( Employee Stock Options Plan)....

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Allowability of ESOP expenditure

In today’s world employers have become increasingly motivated to make the employees a part of their wealth creation process.  A scheme of Employee Stock Option (‘ESOP’) is one such process where employers reward employees by making them partners/ rightful owners in wealth which they have build together by issuing shares in the enti...

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Posted Under: Company Law |

Expenses / Discount on ESOP exercised by the employees are allowable

Pr. CIT Vs New Delhi Television Ltd. (Delhi High Court)

Pr. CIT Vs New Delhi Television Ltd. (Delhi High Court) Legislature itself contemplates the discount on premium under ESOP as a benefit provided by the employer to its employees during the course of sendee. If the Legis­lature considers such discounted premium to the employees as a fringe benefit or ‘any consideration for employment’...

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ESOP – A Motivational tool for Startups

Traditionally, ESOPs were given to remunerate senior employees and to acknowledge their proven contribution to the company. However, in modern times, ESOPs are used as a consideration as Startups can’t afford to spend high salaries in the beginning. Employee Stock Options in India has gained immense popularity in the recent times with t...

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Posted Under: Company Law |

Tax on ESOPs should be only at the point of sale of shares by employees

The section states that ESOPs issued free of cost or at concessional rates will be taxed on the date of exercise on the difference between the fair market value and the amount  actually paid by the employee. ...

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Posted Under: Company Law |

An overview of taxation on India ESOPs for US based NRIs

Employee Stock Option Plans (ESOPs) give employees a right to buy company shares at a pre- decided price and it forms part of taxable income. Most senior employees working with blue chip companies get ESOPs regularly and they have to pay tax on their ESOPs. ...

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Posted Under: Company Law |

Process of ESOP Allotment in Listed companies

Section 62 (1) (b) of Companies Act, 2013 states that where at any time, a company having a share capital proposes to increase its subscribed capital by the issue of further shares, such shares shall be offered to employees under a scheme of employees stock option, subject to special resolution passed by company and subject to such condit...

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Posted Under: Company Law |

ESOP vs Sweat Equity -Employee Retention Mechanism Instrument

This article throws light on the situation pertaining to the aspect of employee retention for basic start up business and businesses which are already established. Promoters today have huge cost of retention and gone are those days when people stay for 30-40 years in a company i.e from their young 20’s to their super annuation 60...

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Posted Under: Company Law |

Discount on ESOP being in the nature of employee cost, allowed u/s 37 subject to adjustment for lapsed /unvested options

ACIT Vs People Interactive India Private Ltd. (ITAT Mumbai)

ITAT Mumbai held In the case of ACIT vs. People Interactive India Private Ltd. that the issue in hand is squarely covered by the decision of Hon’ble Special Bench-Bangalore Tribunal in (2013) 35 taxmann.com 335(SB) Biocon Limited v. DCIT (LTU) in favour of the assessee company whereby the Hon’ble Special Bench has held that the discou...

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Expenses debited as cost of ESOP in profit and loss account allowable

CIT Vs Lemon Tree Hotels Ltd (Delhi High Court)

In case of CIT vs. Lemon Tree Hotels Ltd Following the Madras High Court in CIT-III Chennai v. PVP Ventures Ltd. (TC(A) No. 1023 of 2005) it was held by Delhi High Court that ESOP could be debited to the profit and loss account of the Assessee....

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Discount on shares under ESOPs is allowable expenditure

M/s GlaxoSmithKline Consumer Healthcare Ltd. Vs The JCIT (ITAT Chandigarh)

ITAT Chandigarh held In the case of M/s GlaxoSmithKline Consumer Healthcare Ltd vs. The JCIT that it is a settled law that an unascertained liability has to be allowed even if the same is quantified on a future date....

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Procedure & Provisions for issue of ESOP by unlisted company

1. Draft the ESOP scheme. 2. Convene the Board Meeting and pass the scheme. 3. Call the general meeting to approve the scheme by Shareholders. The following disclosure will be made in the explanatory statement annexed to the notice for passing of the resolution-...

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Posted Under: Company Law |

Guidance Note on SEBI (Prohibition of Insider Trading) Regulations, 2015.

1. Does the contra trade restriction (for a period not less than six months) under clause 10 of Schedule B of the Regulations also apply to the exercise of ESOPs and the sale of shares so acquired?...

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Posted Under: Company Law |

ESOP – All You want to know

The respective provisions of the Act and the Rules can be read in two perspectives i.e. provisions governing – Issue of ESOPs and Trust set-up, funding and operation for administration of ESOPs. The provisions relating to issue of ESOPs are common for all the unlisted Companies irrespective of their status being Private or Public; where...

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Posted Under: Company Law |

ESOP – Difference Between Market & Offer Price is Deductible Expenditure

CIT Vs PVP Ventures Limited (Madras High Court)

On the issue of expenditure of 66.82 lakhs towards the issue of shares to the Employees Stock Option is concerned, the Tribunal pointed out that the shares were issued to the employees only for the interest of the business of the assessee to induce employees to work in the best interest of the assessee. The allotment of shares was done by...

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Difference b/w Market & Offer Price of ESOP is deductible expenditure

Additional CIT Vs Spray Engineering Devices Ltd. (ITAT Chandigarh)

The issue raised vide present grounds of appeal is in relation to the equity shares to be issued to the employees as sweat equity. The assessee vide special resolution passed at the extraordinary general meeting held on 31.3.2006 had allotted 394692 number of equity shares @ Rs. 106.26 amounting to Rs.4.19 crores to its employees as sweat...

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Sale of Esops Shares can be taxing

Employee stock option plans, or Esops, are touted as one of the best tools to create long-term wealth. These are the shares an employee gets of his/her employer at a discounted rate to the current market price. With the stock market nearing ...

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Posted Under: Company Law |

Allowability of difference between market price & issue price of ESOP

Ranbaxy Laboratories Ltd. Vs DIT (ITAT Delhi)

Recently, the Delhi Bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of Ranbaxy Laboratories Ltd. has held that the difference between the market price and the issue price of the shares offered to employees under the Employee Stock Option Scheme (ESOP) is not an allowable expenditure since the loss incurred due to iss...

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Cost of granting stock options to employees is not deductible expenditure in the hands of employer

Ranbaxy Laboratories Ltd Vs. DCIT (ITAT Delhi)

The ITAT dismissed the appeal of the Revenue and the assessee by holding that the discount on stock options was notional in nature and was not deductible either in the year of grant or in the year when the option is exercised by the employees. In reaching the conclusion, the main consideration by the ITAT was the argument that the differe...

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Charge of FBTon ESOP/ Sweat equity – Amendments, vide FA, 2007

Employees’ Stock Option Plan or Scheme (ESOP or ESOS, for short), was not liable to fringe benefit tax (FBT) upto the assessment year (AY) 2007-08, relevant to the financial year (FY) 2006-07. The reason for the same is that though under the provisions of section 115WB(1)(a) of the Income-Tax Act, 1961 (the Act), ESOP could be considere...

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Posted Under: Company Law |

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