ITR form to submitted while having U.S. stock

Gunasekaran Subramanian (Senior Specialist) (24 Points)

09 July 2023  

Dear All,

I am based in Chennai, India, working for a U.S. based company. I am a full time employee for 15 years. My company has allocated 10 stocks to me in Feb 2023 with a clause of ownership that I will be owning the stocks if I continue serving for 3 more years. Failing which, it will be added back to the company. I cannot sell the stocks within the 3 years duration. It is listed in my Form 16 at 1 (b) as "Value of perquisites under section 17(2) (as per form No.12BA, wherever applicable)" and at 12 BA, it is mentioned as "Stock options (non-qualified options) other than ESOP".

Since foreign stock was given, some are saying that I need to file ITR-2. Since it is allocated to me on Feb 2023, some are saying I can submit ITR-1 for FY 2022-2023 whereas I need to submit ITR-2 by next year.

I would like to know which ITR I should submit. In case if I need to submit ITR-2, can this be done by myself (or) does this need to be done via an auditor?

Any advice/help is greatly appreciated!