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ESOP

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Cross-Border ESOPs in India: Unresolved Taxation Gap Silently Costing Mobile Professionals

Income Tax : The article highlights that Indian tax law lacks a statutory formula for allocating cross-border ESOP income, increasing the risk ...

June 24, 2026 285 Views 0 comment Print

ESOP Buyback in Unlisted Companies: Two-Tax Problem Employees Aren’t Prepared For

Income Tax : The article explains how ESOP taxation in unlisted companies occurs at both exercise and buyback stages. It highlights perquisite ...

June 22, 2026 1569 Views 0 comment Print

Making ESOPs Work for Startup Employees: A Practical Guide (2025-26)

Corporate Law : ESOPs can create significant wealth, but many employees struggle with taxation, limited liquidity, and unrealistic expectations. T...

June 19, 2026 462 Views 3 comments Print

Don’t Blindly Trust Form 16: One Small Error Can Trigger a Huge Tax Demand

Income Tax : The case demonstrates how an incorrect exemption claim based on Form 16 led to scrutiny and penalty proceedings. The Tribunal ulti...

June 15, 2026 2574 Views 0 comment Print

ESOPs in Private Companies: Legal, Taxation and Accounting

Company Law : Overview of ESOPs in private companies covering legal requirements, pool structuring, accounting treatment, employee taxation, and...

June 13, 2026 894 Views 0 comment Print


Latest News


Budget 2024: Amendment to Section 47 on Capital Asset Transfers

Income Tax : From April 1, 2025, Section 47 will exclude transfers of capital assets under gifts or wills from capital gains tax, with specific...

July 24, 2024 3600 Views 0 comment Print

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 4787 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 2799 Views 0 comment Print


Latest Judiciary


ESOP Deduction to Be Computed on Straight-Line Basis: ITAT Delhi

Income Tax : ITAT held that computer software is eligible for 60% depreciation and directed the AO only to verify its actual cost before comput...

June 30, 2026 162 Views 0 comment Print

ESOP Discount Allowed as Karnataka HC Precedent Covered Issue: ITAT Mumbai

Income Tax : ITAT Mumbai allowed deduction of ESOP expenses under Section 37(1) by following Karnataka High Court's ruling in Biocon Ltd. Tribu...

June 25, 2026 150 Views 0 comment Print

SC Dismisses Revenue Appeal as ESOP Allotment Expense Is Allowable

Income Tax : The Supreme Court ruled that requiring employers to purchase shares from the market instead of issuing ESOP shares ignores commerc...

June 24, 2026 336 Views 0 comment Print

Delhi HC Rejects ESOP Disallowance as Share Allotment Reflects Commercial Reality

Income Tax : The Delhi High Court held that ESOP expenditure cannot be disallowed merely because shares were allotted instead of purchased from...

June 24, 2026 159 Views 0 comment Print

ESOP Discount Is Allowable Business Expenditure Despite Pending SLP: ITAT Mumbai

Income Tax : The ITAT Mumbai held that ESOP discount is an allowable deduction under Section 37(1), observing that the pendency of an SLP again...

June 22, 2026 246 Views 0 comment Print


Latest Notifications


SEBI (Share Based Employee Benefits and Sweat Equity) (Second Amendment) Regulations, 2025

SEBI : New SEBI amendment mandates valuation of employee share benefit schemes only by independent registered valuers, phasing out mercha...

December 3, 2025 2316 Views 0 comment Print

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 2511 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 3432 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 6630 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 5241 Views 0 comment Print


Informal Guidance to proposed to be listed company – Extending share based employee benefits to employees of a subsidiary company

February 4, 2023 1455 Views 0 comment Print

The company has sought guidance from SEBI as to whether these doctors who would be exclusively employed by the Subsidiary i.e. who would be eligible employees of the Subsidiary, could be eligible for employee stock options as per ESOP Plan 2013 framed in accordance with SBEB 2021.

Navigating ESOP compliance to maximize rewards for employees in India

January 25, 2023 1044 Views 0 comment Print

Unlock the potential of Employee Stock Ownership Plans (ESOPs) in India by navigating compliance requirements. Explore the overview, compliance obligations, benefits, and tools to ensure seamless ESOP compliance. Empower your employees while safeguarding investor interests.

ESOP: An Effective tool for Startup

January 25, 2023 6507 Views 0 comment Print

Employee Stock Option Plans (ESOPs) serve as a wonderful motivator for such companies to employ and retain resources committed to company’s goal.

Benefits available to Start-ups under Income tax Act, 1961

January 7, 2023 5619 Views 0 comment Print

GOI grants various tax exemptions and benefits which an eligible start-up can avail of. Let’s understand first meaning of an eligible Startup.

ESOP cross-charge is allowable expenditure u/s 37(1) of the Income Tax Act

November 26, 2022 7185 Views 0 comment Print

ITAT Bangalore held that expenditure of ESOP cross-charge is wholly and exclusively for the purpose of business, said amount remitted by the assessee to ultimate holding company, and hence allowable expenditure u/s 37(1) of the Income Tax Act.

ESOP expense to acquire share of parent company allowed when actual payment done to parent company

November 11, 2022 4029 Views 0 comment Print

ITAT Delhi held that ESOP expenditure to acquire shares of parent company is allowable as and when the expenditure is paid by the assessee to the parent company. Actual payment of the expenditure and time of expenditure needs to be verified

Phantom Stock Option

November 5, 2022 13521 Views 3 comments Print

Explore the concept of Phantom Stock Options (PSO) in the Indian stock market. Learn how this unique compensation method can benefit organizations and recipients.

Expenditure of ESOP is revenue expenditure

November 2, 2022 2457 Views 0 comment Print

ITAT Bangalore held that the expenditure on account of ESOP is a revenue expenditure and had to be allowed as deduction while computing income.

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

October 19, 2022 5241 Views 0 comment Print

Q. Upon listing of the Company, will it be permissible, as per the SEBI SBEB & SE Regulations, for stock options to be granted under the ESOP Plan 2013 to the doctors who are proposed to be engaged as Eligible Employees. i. Regulation 2(1)(i)(i) of the Securities and Exchange Board of India (Share Based Employee […]

ESOP expenditure allowable as deduction u/s 37(1) of the Income Tax Act

October 8, 2022 1824 Views 0 comment Print

ITAT Bangalore held that expression expenditure also includes loss and therefore the difference between the price at which the shares are issued to the employees and the market value of the shares would be expenditure incurred for section 37(1) of the Income Tax Act

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