Employee Stock Ownership Plans. - Iha R Krishna

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EMPLOYEE STOCK OWNERSHIP PLANS.

- Iha R Krishna

o What Are Employee Stock Ownership Plans?

An employee stock ownership plan (ESOP) is an employee benefit plan that offers workers
ownership interest within the said company. It is basically the option or a right that is offered by
a company to its employees to buy the company’s shares at a pre-determined price in the future.
Primarily, ESOP is a tool that is used by a company to hold onto its employees and award them
for their association with the company. ESOP creates a sense of ownership in the mind of the
staff thus keeping intact their interest in the organization.

As defined under the provisions of section 2(37) of the Companies Act, 2013, "employees' stock
option" means the option given to the directors, officers or employees of a company or of its
holding company or subsidiary company or companies, if any, which gives such directors,
officers or employees, the benefit or right to purchase, or to subscribe for, the shares of the
company at a future date at a predetermined price.

Further, as per clause 2A of SEBI (Employee Stock Option Scheme and Employee Stock
Purchase Scheme) Guidelines, 1999 “employee stock option” has been defined as- “the option
given to the whole-time Directors, Officers or employees of a company which gives such
Directors, Officers or employees, the benefit or right to purchase or subscribe at a future date,
the securities offered by the company at a predetermined price.

o How Do ESOPs Work?

First and foremost, a company, sets up a trust fund, under which it contributes new shares of its
own stock or cash in exchange of existing shares. The ESOP can borrow money to buy new or
existing shares, with the company making cash contributions to the plan to allow it to repay the
loan, and, if the plan borrows money, the company accords to the plan to allow it to repay the
loan. Contributions to the plan are tax-deductible, hence, employees pay no tax on the
contributions until they receive the stock when they leave or retire. They can then either sell it on
the market or back to the company.

o Taxation under ESOPs

The Income Tax Act, 1961 has set down the following two stages of taxation for employees
under an ESOP.
– Upon allotment of shares following the employee exercises his option on the completion of the
vesting period; and

– When the shares allotted to the employee are sold by him.

When an employee sells the shares that were allotted to him under ESOP, tax is levied on the
amount of profit or gain arising from such kind of transaction. Profit is taxable under the head
‘Capital Gains’. Capital gains can be of two types - ‘Short Term Capital Gains’ and ‘Long Term
Capital Gains’ depending upon the period of holding of shares.

o Conclusion

Undoubtedly, the ESOPs are a very apt method used by companies to attract, motivate and retain
employees. ESOPs have a twofold benefit, i.e., reducing cash outflow and retaining deserving
employees for their growth. Employees further see this scheme as a long term investment for
which they have to compensate with their cash perquisites and bonuses. ESOPs can be beneficial
to both employees as well as the company if implemented effectively.

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