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Microlesson · 5-min read

Perquisite: ESOP / Sweat Equity Shares

## Employees Stock Option Plan (ESOP) / Sweat Equity Shares

When an employer offers its own company's shares to employees at a concessional (below-market) price, the benefit is a taxable perquisite in the hands of the employee.

### Taxable Value

> Perquisite Value = FMV on the date of exercise of option – Issue Price (amount paid by employee)

### Key Concepts

  • Grant date: Date employer offers the option — no tax implication.
  • Vesting date: Date the right becomes exercisable — no tax implication.
  • Exercise date: Date employee accepts and pays for shares — this is the trigger for perquisite taxation.
  • FMV for listed shares is computed as per prescribed rules (average of opening and closing price on the recognized stock exchange on the exercise date).

Worked example

### Example 1

Example: ABC Ltd. grants Mr. Y the option to buy 1,000 shares at ₹ 100 each. He exercises the option when FMV per share is ₹ 350.

Perquisite value = (₹ 350 − ₹ 100) × 1,000 = ₹ 2,50,000 taxable as salary perquisite.

⚠️ Common exam mistakes

  • Using FMV on the date of grant or vesting instead of the date of exercise.
  • Forgetting that any subsequent gain on sale of these shares is taxed separately under Capital Gains (with cost = FMV on exercise date).
Reference:
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