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ESOP Tax Relief for Employees of Startup Registered Companies

Company Law : This article explains how ESOP taxation works and highlights the deferral benefit for eligible startup employees. It clarifies tha...

April 28, 2026 540 Views 0 comment Print

Beyond Salary: How ESOPs are Fueling the New Indian Dream

Company Law : ESOPs are transforming careers by linking income to company growth. The key takeaway is that equity can create significant wealth ...

April 6, 2026 270 Views 0 comment Print

ESOP Taxation in India: A Complete Guide to Perquisites, Capital Gains & Startup Relief

Income Tax : ESOPs are taxed twice under Indian tax law—first as salary at the time of exercise and later as capital gains when shares are so...

March 11, 2026 1755 Views 0 comment Print

SEBI Disclosure Framework for ESOPs and SARs: A Comprehensive Overview

SEBI : SEBI’s March 2025 circular requires listed companies to disclose total shares on a fully diluted basis, including ESOPs and conv...

February 14, 2026 813 Views 0 comment Print

Taxation of Employee Stock Option Plans (ESOPs) under Income-Tax Act, 1961

Income Tax : ESOPs are taxed twice—first as salary perquisite at exercise and later as capital gains on sale. Understanding valuation rules a...

February 14, 2026 1413 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 3096 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 4751 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 2760 Views 0 comment Print


Latest Judiciary


Section 14A Disallowance Restricted to Exempt-Income Investments; ESOP Expense Allowed

Income Tax : Tribunal rules that Section 14A disallowance must be limited to investments yielding exempt income and orders recomputation under ...

April 16, 2026 327 Views 0 comment Print

ESOP Discount Allowed as Revenue Expense: ITAT rejects Notional Loss Claim

Income Tax : The Tribunal upheld deduction of ESOP expenses, relying on earlier decisions in the same case. It ruled that no change in facts ju...

April 14, 2026 261 Views 0 comment Print

₹903 Crore ESOP Expenditure Allowed as Business Expense Due to Binding HC Ruling

Income Tax : The Tribunal upheld deduction of ESOP expenses under Section 37(1) by relying on binding jurisdictional High Court precedent. It r...

April 10, 2026 429 Views 0 comment Print

ESOP Discount Allowable as Business Expenditure; ITAT Follows Karnataka HC, Revenue Appeal Dismissed

Income Tax : The Tribunal upheld that ESOP discount is a valid business expense under Section 37(1), rejecting the view that it is notional or ...

April 1, 2026 300 Views 0 comment Print

ESOP cost is revenue, not capital: ITAT allows ₹721 Cr deduction

Income Tax : The Tribunal held that ESOP costs are employee compensation and qualify as revenue expenditure. Disallowance treating them as capi...

March 27, 2026 1065 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 2172 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 2385 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 3318 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 6402 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 5154 Views 0 comment Print


ESOP (Employee Stock Option Plan)

April 22, 2019 41250 Views 2 comments Print

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 […]

Employee Stock Option Plan for an Unlisted Company

March 18, 2019 86097 Views 39 comments Print

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 afford to […]

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

February 19, 2019 3348 Views 0 comment Print

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.

Taxation of Employee Stock Options of Domestic and Foreign Companies

December 16, 2018 53103 Views 1 comment Print

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 given to newly hired executives

What are ESOPs?

November 29, 2018 4482 Views 0 comment Print

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.

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

October 31, 2018 9195 Views 0 comment Print

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.

Gains on sale of shares allotted under ESOP is capital gain not perquisite

October 24, 2018 3513 Views 2 comments Print

Dr. Muthian Sivathanu, Vs ACIT (ITAT Chennai) Conclusion: Gains arising from sale of the shares allotted in the ESOP (Employees Stock Option Plan) scheme when the assessee was non-resident, not to be assessed as perquisites instead of assessed as capital gain as the stock viz., the asset was already vested on the assessee during the […]

Everything about Employee Stock Options Plans (ESOPs)

August 29, 2018 57659 Views 4 comments Print

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).

Allowability of ESOP expenditure

August 28, 2018 59326 Views 0 comment Print

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 entity at a discounted price which otherwise is available at higher price in the market due to various reasons such as market expecting to reap the reserves sitting in the books of accounts, goodwill generated by the Company in the market, expected discounted cash flow forecasts of the Company etc .

Expenses / Discount on ESOP exercised by the employees are allowable

May 6, 2018 5790 Views 0 comment Print

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’, it is […]

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