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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


Recognition and Benefits for Startups including Tax Benefits

July 8, 2020 6792 Views 3 comments Print

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 given […]

Employee Share Based Payments and Its Taxation Aspects

May 30, 2020 14751 Views 0 comment Print

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 […]

Procedure for Issue of Employee Stock Option Plan

May 26, 2020 21744 Views 0 comment Print

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, making them […]

Accounting and Tax Treatment of ESOP

May 9, 2020 50700 Views 3 comments Print

♦ 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 employee in […]

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

April 27, 2020 16089 Views 0 comment Print

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 […]

Share Warrant & ESOP- Procedure of Issue & Taxation

April 12, 2020 53343 Views 3 comments Print

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 […]

Taxability of ESOPs

April 10, 2020 211155 Views 8 comments Print

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.

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

February 20, 2020 40776 Views 3 comments Print

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 subscribe […]

Math of ESOP World

February 20, 2020 1890 Views 0 comment Print

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 […]

ESOP Accounting and Taxability

February 15, 2020 202986 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 […]

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