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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 2286 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 555 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


A-Z of Start-Ups ESOPS

May 25, 2022 4350 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 41433 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 612 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 12486 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 37353 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 23622 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 9498 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 5862 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 28947 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 […]

Understanding the Taxability of ESOP Gains

August 28, 2021 5511 Views 1 comment Print

According to Section 2(37) of companies Act, 2013, Employees stock option schemes  is an option given to the directors, employees or officers of the company or its holding and subsidiary company, the right to purchase or benefits or subscribe for the shares of the company at the pre determined price for a future dates.  Therefore […]

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