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ESOP

Latest Articles


Why Are Independent Directors Not Allowed ESOPs?

Company Law : Understand why independent directors are prohibited from receiving ESOPs under Indian law, while profit-based commissions are perm...

February 27, 2025 300 Views 0 comment Print

Whether Independent Director is eligible for ESOP and Sweat Equity shares?

Company Law : Independent Directors cannot acquire sweat equity shares or ESOPs due to restrictions under the Companies Act and SEBI regulations...

January 7, 2025 1317 Views 0 comment Print

Employee Stock Options Scheme (Perquisite & Tax Calculation)

Income Tax : Learn about Employee Stock Option Schemes (ESOPs), their lifecycle, SEBI regulations, and tax calculations under the Finance Act 2...

December 20, 2024 2277 Views 0 comment Print

Tax Guide on ESOPs for Employees and Employers

Income Tax : Understand the taxation on ESOPs, including when options are exercised and shares are sold, and related TDS provisions for employe...

November 28, 2024 2985 Views 0 comment Print

ESOP Trust Route vs. ESOP Direct Route: Key Differences

Corporate Law : Explore the differences between the ESOP Trust route and Direct route for employee stock options, including advantages and disadva...

October 24, 2024 2253 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 1539 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 4229 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 2544 Views 0 comment Print


Latest Judiciary


Deduction u/s. 37(1) allowable towards ESOP expense since it is not contingent or notional

Income Tax : ITAT Mumbai held that the Employee Stock Option Plans [ESOP] expenses should not be regarded contingent or notional and it should ...

December 27, 2024 192 Views 0 comment Print

Discount on issue of ESOP is allowable deduction: Karnataka HC

Income Tax : The Karnataka High Court, upholding the ITAT's order, reiterated that discounts on the issuance of ESOPs are allowable deductions ...

October 15, 2024 552 Views 0 comment Print

Compensation paid to ESOP holders qualifies as perquisite hence taxable as salary income: Madras HC

Income Tax : Madras High Court held that compensation paid to ESOP holders qualifies as perquisite and hence taxable under the head ‘salaryâ€...

August 26, 2024 1044 Views 0 comment Print

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 534 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 29400 Views 3 comments 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 1548 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 2049 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 4668 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 4515 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 2379 Views 0 comment Print


ESOP Adoption Stories In India and Other Countries

May 3, 2023 1344 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 10206 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 3543 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 1359 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 4473 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 17169 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 32289 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 4668 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 2121 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 5943 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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