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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 17262 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 948 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 Adoption Stories In India and Other Countries

May 3, 2023 1221 Views 0 comment Print

ESOP or Employee Stock Ownership Plan is a non-monetary incentive wherein employees are made avail of choice regarding the shares of the employers.

ESOP checklists for listed company

May 1, 2023 7185 Views 0 comment Print

The new SEBI-Employee Stock Option Plan (ESOP) regulations govern all sweat equity shares and share-based employee benefit schemes dealing in securities, including employee stock options, employee share purchase, stock appreciation rights, general employee benefits and retirement benefits (share-based benefit schemes).

TDS on RSU on VESTING and Capital Gan Tax on SALE of Vested RSU – A Supplement to ‘Critique’

March 30, 2023 3171 Views 0 comment Print

Understand TDS on RSU vesting and Capital Gains Tax on the sale of vested RSU. Explore the critique and supplement, delving into legal aspects, challenges, and implications for high-end salaried employees. Learn about the intricacies of RSU taxation and potential rectification steps for aggrieved individuals.

Profit margin forgone by assessee could not be held as expenditure for creating intangible or goodwill

March 29, 2023 1248 Views 0 comment Print

The profit margin forgone by assessee could not be held to be expenditure in creating intangible or goodwill as there was no expenditure incurred by assessee except those that were set out in the profit and loss account and disallowing such expenditure by AO and consequently arriving at a positive total income chargeable to tax was without any basis and not in accordance with law.

ESOP expenditure and their allowability in Income Tax

March 18, 2023 2985 Views 0 comment Print

Understand the tax treatment of ESOPs: ESOP expenses can be deducted if incurred for employees’ benefit, as affirmed by various court cases.

ESOP expenditure is allowable under section 37(1) of Income Tax Act

March 16, 2023 13866 Views 0 comment Print

ITAT Delhi held that ESOP (Employees Stock Option) expense is allowable expense under section 37(1) of the Income Tax Act in computing the income in profit and loss of business or profession.

TDS on RSU on Vesting & Capital Gains Tax on Sale of Vested RSU – A CRITIQUE

March 15, 2023 29589 Views 2 comments Print

Presently RSU (Restricted stock unit also known as Sweat Equity) allotted by a foreign grand parent company, free of cost to employee of Indian subsidiary, is being taxed as ‘perquisite’; and for the purpose, the FMV of the ‘vested units’, as on the date of vesting, is considered as the taxable perquisite value.

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

March 9, 2023 4065 Views 2 comments Print

Company at its Board Meeting convened on 05.04.2021 unanimously accorded its approval for grant of 327 options under the Scheme to identified employees during the Financial Year-2021-2022 which exceeds 1% of the issued capital of the company.

ESOP expense incurred wholly & exclusively for business is eligible for deduction u/s 37

February 25, 2023 2013 Views 0 comment Print

ITAT Bangalore held that expenditure towards ESOP is wholly and exclusively for the purpose of business and it satisfies all the conditions referred to in section 37(1). Accordingly, expenditure towards ESOP is eligible for deduction u/s 37 of the Income Tax Act.

ESOP Compliance Checklist by Listed Companies

February 14, 2023 5253 Views 0 comment Print

Save time and money with this ESOP Compliance Checklist for Listed Companies. Follow this comprehensive checklist to ensure steady compliance with SEBI regulations.

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