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ESOP

Latest Articles


Clarification on GST Treatment for MNCs issue ESOP/ESPP/RSU to their Indian Subsidiaries’ employees

Goods and Services Tax : Clarification on GST for MNCs issuing ESOP, ESPP, and RSU to Indian subsidiaries' employees. Learn about GST exemptions, condition...

July 1, 2024 318 Views 0 comment Print

Checklist for Issuing ESOP under Companies Act, 2013

Company Law : Explore the provisions, eligibility, steps, and disclosures for Employee Stock Option Plans (ESOP) under the Companies Act, 2013 a...

June 15, 2024 1401 Views 0 comment Print

Understanding ESOP from a Startup perspective

Company Law : Explore how Employee Stock Option Plans (ESOP) serve as a strategic tool for startups to attract and retain top talent by offering...

March 5, 2024 780 Views 0 comment Print

ESOP- Understanding Types & its Tax Impact

Income Tax : Explore the world of Employee Stock Ownership Plans (ESOPs) – types, taxation, and benefits. Learn about ESOS, ESPP, RSUs, RSAs,...

February 29, 2024 2304 Views 0 comment Print

ESOPS V/s Sweat Equity – The Need and Differences

Company Law : Learn about ESOPs and Sweat Equity, employee benefit plans designed to incentivize employees and enhance company performance. Und...

February 26, 2024 2916 Views 0 comment Print


Latest News


Register for Live Webinar: Advance insights into Share based Payments Taxation

Income Tax : Delve into complex tax implications of ESOPs, Sweat Equity, CSOPs, Phantom Shares, and Stock Appreciation Rights in our live webin...

January 17, 2024 4055 Views 1 comment Print

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 differenc...

January 24, 2018 2490 Views 0 comment Print


Latest Judiciary


ITAT Rulings on TP Adjustments, ESOP Expenses & Section 14A Disallowance

Income Tax : Tribunal upholds CIT(A) decisions in DCIT Vs Astral Limited case, offering key insights on TP adjustments, ESOP expenses, and Sect...

June 11, 2024 357 Views 0 comment Print

Voluntary Compensation in lieu of ESOP Not Part of Salary: Delhi HC in Flipkart-Phonepe Case

Income Tax : In the case of Sanjay Baweja Vs DCIT, the Delhi High Court ruled that one-time payments in lieu of ESOPs do not constitute salary ...

June 9, 2024 17307 Views 3 comments Print

Section 271(1)(c) penalty not automatic on mere expense Disallowance or Income Enhancement 

Income Tax : Tribunal ruled that mere disallowance of expenses or enhancement of returned income does not automatically warrant the imposition ...

May 6, 2024 822 Views 0 comment Print

ESOP: ITAT allows difference between fair market value at vesting & exercise dates

Income Tax : Delve into the verdict of ITAT Mumbai regarding ESOP expenses, highlighting the difference in fair market value and its allowance ...

April 10, 2024 591 Views 0 comment Print

Expenditure towards ESOP is allowable u/s 37(1) of Income Tax Act: ITAT Mumbai

Income Tax : ITAT Mumbai held that the ESOP expenses claimed by the assessee is an allowable expenditure under section 37(1) of the Income Tax ...

April 2, 2024 1038 Views 0 comment Print


Latest Notifications


GST on ESOP/ESPP/RSU provided through overseas holding company

Goods and Services Tax : CGST Circular 213/07/2024 clarifies GST applicability on ESOP/ESPP/RSU provided by foreign holding companies to Indian subsidiarie...

June 26, 2024 951 Views 0 comment Print

MCA Imposes Penalty for Non-Disclosure of ESOP in Explanatory Statement

Company Law : The Ministry of Corporate Affairs penalizes WURKNET PRIVATE LIMITED for violating Companies Act, 2013 by not disclosing ESOP detai...

November 17, 2023 1605 Views 0 comment Print

Penalty imposed for not taking approval of shareholders for ESOP exceeding 1% of issued capital

Company Law : Company at its Board Meeting convened on 05.04.2021 unanimously accorded its approval for grant of 327 options under the Scheme to...

March 9, 2023 4065 Views 2 comments Print

ESOP can be granted by company to Doctors exclusively employed with subsidiary

SEBI : Q. Upon listing of the Company, will it be permissible, as per the SEBI SBEB & SE Regulations, for stock options to be granted...

October 19, 2022 4278 Views 0 comment Print

Company may permit empaneled stock brokers to fund ESOP

SEBI : As per Regulation 9(2) of the SEBI (Share Based Employee Benefits) Regulations, 2014 (SBEB Regulations)  the company may permit t...

July 20, 2020 2241 Views 0 comment Print


ESOP Accounting and Taxability

February 15, 2020 170262 Views 7 comments Print

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 […]

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

February 2, 2020 21105 Views 0 comment Print

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 […]

Decoding the Lesser Talked About Nuances of Finance Bill 2020

February 2, 2020 2043 Views 1 comment Print

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?

Budget 2020- Demystifying hidden elements behind Budget Speech

February 2, 2020 7149 Views 0 comment Print

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 […]

ESOP Tales of Startups- Taxability Then and Now

February 2, 2020 1488 Views 0 comment Print

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 […]

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

January 12, 2020 9453 Views 0 comment Print

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.

Employee Stock Options for Startups

October 18, 2019 2205 Views 2 comments Print

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 development and enhance […]

Decoding ESOPs: Legal Framework, Tax Implications & Compliances

August 11, 2019 2712 Views 0 comment Print

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:

ESOP by a Private Limited Company

July 25, 2019 45942 Views 1 comment Print

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 […]

Expense on issue of shares under ESOP allowable

July 13, 2019 5835 Views 0 comment Print

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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