Company Law : Learn about ESOPs and Sweat Equity, employee benefit plans designed to incentivize employees and enhance company performance. Und...
Company Law : Explore concept of sweat equity shares, their legal framework under Companies Act, 2013, and advantages and disadvantages of using...
Company Law : his article provides a comprehensive understanding of sweat equity shares, as defined by the Companies Act, 2013, in India. It cov...
Income Tax : Explore key ESOP (Employee Stock Ownership Plan) terminology and tax implications. Understand grant dates, vesting periods, exerci...
Company Law : Learn about Sweat Equity Shares and the process of issuing them. Explore limits, valuation procedures, and steps to issue shares u...
Income Tax : How is the FBT to be valued? And when is the tax payable? The fringe benefit is to be valued at the fair market value (FMV) of th...
Income Tax : NOTIFICATION NO. 264/2007, DATED 23-10-2007 Valuation of specified security or sweat equity share being a share in the company. 40...
Income Tax : By virtue of the provision of clause (d) of sub-section (1) section 115 WB, introduced by Finance Act, 2007, an employer is liable...
Defining Sweat Equity Shares as per Companies Act, 2013 As per Sub-section (88) of section 2: Sweat Equity Shares means equity shares issued by a company to its director or employee at discount or for consideration other than cash, for providing know-how or making available like intellectual property rights or value addition. Eligibility for Sweat […]
Article explains What is sweat equity shares under Companies Act, 2013, Definition of Sweat Equity Shares, Conditions for issuance of sweat equity shares, Important Points while issuing Sweat Equity Shares, Disclosures to be made in board of directors report of the year in which sweat equity shares are issued and Provisions and procedures relating to […]
What are Sweat Equity Shares? ‘Sweat equity shares’ are such equity shares, which are issued by a Company to its directors or employees at a discount or for consideration, other than cash, for providing their know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called. Sweat […]
The advantage with ELSS compared to the Ulips is the frequency (mostly a single or a monthly investment for a year) and term for investment, for getting good returns.
Indian Premier League (IPL) and cricket have generated public interest on the subject, `sweat equity ‘shares issue. Survey reveals, very few people have clear idea on the procedure of issue of sweat equity shares. What caused hue and cry is the subject of surrender of sweat equity shares issued to Sunanda Pushkar( `PUSHKAR’) in Rendexvous Sports Word ( `RSW’), stakeholder in IPL Kochi. RSW is an unlisted company.
The valuation of shares and specified securities in relation to employee stock option have been brought under Rule 3 itself, and Rules 40C and 40D of the Income-tax Rules will no longer be apply. Consistent with the change in law as regards the point of time (exercise) when such liability has to be determined, the rule now prescribes that the relevant date will be the exercise date (as against the date of vesting considered in Rule 40C and 40D). All other aspects in relation to valuation of stock options in Rule 40C and 40D remain the same even after the amendment.
Currently, certain prescribed fringe benefits provided by an employer to his employees are liable to FBT in the hands of the employer. Such fringe benefits are not included within the scope of ‘perquisites’ as defined in section 17. As FBT will now be abolished, ‘perquisites’ will include the following: 1. Presently, FBT is levied on […]
INTRODUCTION The proviso to section 17(2)(iii) has been omitted. So far the value of any benefit provided by the company free of cost or at a concessional rate to its employees by way of allotment of shares, debentures or warrants, directly or indirectly under any Employees Stock Option Plan or Scheme of the Company offered to […]
THE Notification No. 264/2007 dated October 23, 2007 issued by the CBDT, specifying the Income-tax (12 th Amendment) Rules, 2007 seems to have brought in a lot of welcome clarity in terms of the methodology to be adopted for the determination of the Fair Market Value of ESOPs issued by Indian Companies, listed or unlisted. However, the question of levy of FBT, in respect of ESOP schemes given by foreign / overseas companies to employees working in their Indian Subsidiaries, seems to have gone unanswered.
Does the FBT law intend to cover securities under SCRA? I don’t think so. We have to look at the rationale of levy of FBT. In a booming economy, accompanied with a vibrant stock market, corporates have figured out a creative way to compensate their employees through the ESOP scheme. It could be ESOP of a listed company or an unlisted company. Using the horizontal equity argument, a case was made out by the legislative to tax that portion of the gain, which an employee receives or accrues to him as a result of his employment. The basis of charge is the difference in the value of the security (as at the date of exercise) and price paid for such exercise, levy being on the vesting date.
