ESOP
This query is : Open
Guest
Guest
(Querist)
23 September 2009
I've query on ESOP Trust. Pls guide me me on this.
My client is a listed company. They have created a ESOP Trust ( Employee stock option trust) for alloting shares under ESOP scheme. Shares have been alloted to the trust in the year 2006 at Rs .51/-. Now the shares are transferred to the eligible employees at Rs. 211/- as per the Esop scheme. I would like to know how the difference between Rs. 211/- and Rs 51/- will be dealt in the books of the trust. Is it taxable as long term capital gain.
I'm of the opinion that it is not taxable by applying the principle of mutuality. Since the beneficiaries are employees and the transfer is being made to the employees, the difference of income is not taxable. Is my view correct? Kindly give your opinion.
My client is a listed company. They have created a ESOP Trust ( Employee stock option trust) for alloting shares under ESOP scheme. Shares have been alloted to the trust in the year 2006 at Rs .51/-. Now the shares are transferred to the eligible employees at Rs. 211/- as per the Esop scheme. I would like to know how the difference between Rs. 211/- and Rs 51/- will be dealt in the books of the trust. Is it taxable as long term capital gain.
I'm of the opinion that it is not taxable by applying the principle of mutuality. Since the beneficiaries are employees and the transfer is being made to the employees, the difference of income is not taxable. Is my view correct? Kindly give your opinion.
24 September 2009
not sure rahul but here is a supreme court judgement on this of infosys ...hope u locate and find out , i dont remember the citation , they had a infosys employee welfare trust for ESOPs
hope it helps
hope it helps
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- TDS 194-T applicability
- GST ITC REVERSE
- Fixe term employment
- Is any professional CA is here please reply
- Putting a heading on received mail
- Section 50-fixed asset-->building ceases to exist
- Withdrawal in cash from partners capital account by partner
- TDS on Complimentary "Desi Ghee and Gold Coin" Provided to KBC Contestants
- Tds on commission charges
- TDS on TRUST
- Regime change
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
