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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 492 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 1884 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 903 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 2661 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 3018 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 915 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 4094 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 2511 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 378 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 26778 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 885 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 651 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 1140 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 1125 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 1704 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 4194 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 4293 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 2259 Views 0 comment Print


Brief procedure for issue of ESOP under Companies act, 2013

June 3, 2022 28281 Views 0 comment Print

Learn about the procedure for issuing ESOP under the Companies Act, 2013. Understand the steps, documents, and timelines involved in implementing an ESOP scheme.

A-Z of Start-Ups ESOPS

May 25, 2022 4260 Views 1 comment Print

Learn about ESOPs and how they can benefit both employees and organizations. Discover the advantages of employee stock ownership plans in attracting and retaining talent.

ESOP (Employee Stock Option Plan) Provisions & Procedures

May 21, 2022 39540 Views 0 comment Print

Understand the provisions and procedures of ESOP (Employee Stock Option Plan) in this informative blog post. Learn how companies use ESOP to give ownership interest to their employees.

Analysis of Qualitative Valuation Drivers affecting valuation

May 19, 2022 561 Views 0 comment Print

Unlocking the impact of qualitative valuation drivers on business value: Learn how factors like a diverse management team and company culture can significantly affect valuation.

ESOP – Employee’s Stock Option Plan

April 27, 2022 11472 Views 0 comment Print

Explore the intricacies of ESOP (Employee Stock Option Plan) under the Companies Act’ 2013. From crucial definitions like grant, vesting, and option, to recognizing goods or services in share-based transactions, learn the classification of employee share-based plans and the meticulous measurement of fair value. Dive into examples, classifications, and valuation techniques.

Taxation for ESOP/RSU/Sweat Equity Shares/ESPP

April 15, 2022 36501 Views 2 comments Print

1. Under which Head of Income ESOP is taxable. ESOP is taxable under income from Salary under income tax act, 1961. ESOP is perquisite according to section 17 of income tax act, 1961. According to section 17(2)(vi) of Income Tax Act, 1961 “the value of any specified security or sweat equity shares allotted or transferred, […]

Buyback of ESOPs

February 28, 2022 21972 Views 0 comment Print

Startups are increasingly announcing ESOP buybacks to retain and hire top talent amid the growing competitive market. Recently, Cars 24 announced a Buyback of ESOPs worth Rs. 75 Crores. There are many more companies announcing such buybacks. But the real question is what is the Buyback of ESOP? How does it work? Legally and Practically. […]

ESOP: Taxability of ESOP and Deduction of ESOP Expenses

February 11, 2022 9234 Views 1 comment Print

ESOP stands for Employee Stock Option Plan. Under ESOP, the employer offers shares of the company to the employees under the manner in which the option will be implemented and exercised. ESOPs can be offered for various reasons to employees such as incentives, in exchange for know-how or as an option to pay low salaries […]

35+ Indian Startup Employees Entered in 100Cr ESOP Pool

January 6, 2022 5643 Views 0 comment Print

In the year 2021, when a record $36 billion was invested in Indian startups, 35 non-founder top management had joined the Rs 100-crore inventory options club, creating the possibility for wealth accumulation that employee stock options provide.  According to top-tier entrepreneurs, the expanding membership also indicates that Esops have gone mainstream in India and are […]

TDS liability in case of ESOP

December 15, 2021 27237 Views 1 comment Print

Introduction to ESOP ESOPs have been a significant component of the compensation for 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. Currently ESOPs are taxed as perquisites under section 17(2) of the Act read […]

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