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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 1404 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 17373 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 951 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


Taxability of Employee Stock Option Plan in the hands of Employees

August 20, 2021 35073 Views 3 comments Print

Employee Stock Ownership Plan enables an employee to establish ownership in the company by obtaining its shares. Earlier, such plans were created by top companies for their employees at managerial level to incentivise them, and to develop a sense of ownership and belongingness in the organisation.

Differences: ESOP and Sweat Equity Shares

August 8, 2021 10329 Views 2 comments Print

Employees Stock Option Scheme (ESOP) and Sweat Equity Shares are two methods of issuing shares by a company to its employees and also can increase the share capital of the Company. Both ESOP and Sweat Equity Shares are issued as per the provisions of the Companies Act, 2013 and Companies (Share Capital and Debentures) Rules, […]

ESOP Checklist and Procedure

July 17, 2021 26007 Views 0 comment Print

This Employee Stock Option Scheme (ESOP) checklist & Procedure is for Unlisted Companies & for Private Companies only. This checklist helps Professional & Corporate Users to gain knowledge about the ESOP. (Section 62(1)(b)) 1. Drafting of ESOP scheme. 2. Alter the Article of Association, if AOA is silent on the issue of share to employees […]

Taxation of ESOP Expenditure

June 28, 2021 6090 Views 1 comment Print

Tax Effect of ESOP Expenditure Employee Stock Option Plan (ESOP) is a scheme where a company issues its share to its employees at price lower than its market price with a condition that employees should be in employment or fulfill conditions attached to the scheme. An ESOP is an employee benefit plan that gives employees […]

Employees Stock Option Plan (‘ESOP’)

June 9, 2021 13521 Views 2 comments Print

Brief outline: The ESOP refers to ‘a plan’ for the benefit of the Employees of a Company, who make the Companies operational, profit centres and socially-economically enormous, this is not limited to big known companies but is also common with the small companies; newly incorporated companies. This plan has become famous and appreciated over the […]

ESOP- Meaning, Legal Aspects & Recognition as Start up Kit to Retain Talent

May 23, 2021 8991 Views 4 comments Print

WHAT IS ESOP AND WHY IT IS RECOGNIZED AS START UP KIT TO RETAIN TALENT AS WELL AS LEGAL ASPECTS OF ESOP Employee Stock Option Scheme usually known as the Employee Stock Option Plan or Employee Stock Ownership Plan or ESOP, as its bare reading suggest that it’s an option provided to the employees of […]

Employee Share Based Payment- Accounting & Taxability

April 6, 2021 17334 Views 5 comments Print

Employee Share Based Payments, it is a payment based on price or value of shares. Share plans and share option plans are a common feature of employee remuneration, for directors, senior executives and many other employees. ESOPs are very much common among the startups where the startup gives ownership interest in the company to their […]

ESOP Guide For Start-Ups

March 8, 2021 39330 Views 0 comment Print

INTRODUCTION ♣ ESOPs in India and globally have been used by businesses to encourage employees to buy shares and own a part of the company while aligning their performance and hard work to the same. ♣ ESOP has gained enough popularity after young start-ups struggle to attract suitable human capital. ♣ Start-ups start losing the […]

ITAT order on Taxability of ESOP to Dubai Based Employee of HDFC Bank

February 8, 2021 3615 Views 5 comments Print

The assessee is an individual, who is an employee of HDFC Bank Limited, Mumbai, and currently on deputation to HDFC Bank Representative Office in Dubai. The status of the assessee is of the non-resident.

Tax on gain on sale of ESOP in USA given to Indian employee by Google Inc USA- HC remit matter back to AO

February 5, 2021 2895 Views 6 comments Print

(i) Whether the gain on sale of stock options in USA that were given to the Indian employee by M/s.Google Inc., USA amounts to perquisites taxable under the Income Tax Act, 1961 or not?; (ii) Whether the amounts shown in Form-16 as Tax Deducted at Source on such perquisites would be the exclusive gain made by the Assessee on such stock options issued by the Holding Company in USA is sufficient to hold that it is taxable under the head ‘salary’ as ‘perquisites’ with reference to the provisions under Section 5(1) (c) and 6(6) (a) read with Section 17?;

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