Received ESOPs from a Foreign Company? Here's How to Report in ITR
Employee Stock Option Plans (ESOPs) are a common part of compensation in the IT industry, particularly for employees working in multinational corporations (MNCs). When these ESOPs are granted by a foreign parent entity, the reporting and taxation requirements under Indian law become significantly more complex.
In the Assessment Year 2025-26, Indian residents who hold or exercise Employee Stock Option Plans (ESOPs) from foreign companies must comply with both income tax reporting and foreign asset disclosure norms. This also includes compliance under the Black Money (Undisclosed Foreign Income and Assets) Act, 2015.
Taxability of Foreign ESOPs
Foreign ESOPs are generally taxed at two levels:
- At the time of exercise: The difference between the Fair Market Value (FMV) on the date of exercise and the exercise price is considered a perquisite and taxed as part of your salary income. If your employer withheld tax, this amount will usually be reflected on Form 16.
- At the time of sale: Any gains made on selling the shares are taxed under capital gains, calculated using the FMV at the time of exercise as the cost of acquisition. If sold after 24 months, the gain is regarded as long-term and taxed at 20% plus indexation benefits.
Mandatory Disclosure in ITR
ESOPs from foreign companies fall under the definition of foreign assets, and Indian tax residents are required to declare them in Schedule FA (Foreign Assets) of the income tax return, irrespective of whether income is earned from those assets during the year.
Failure to disclose foreign ESOP holdings, even if unsold or held passively, can result in penalties starting at ₹10 lakh under the Black Money Act. This applies even if perquisite income has been correctly taxed.
Choosing the Right ITR Form
ITR-1 cannot be used because foreign assets must be disclosed. Employees who own or sell ESOPs must file:
- ITR-2: If there is no business income.
- ITR-3: If you have additional income from consultancy, freelancing, or business.
Proper classification of income, foreign asset details (like country code, name of the foreign entity, peak value, etc.), and TDS claims must be accurately filled out to avoid scrutiny.
Expert Filing Support for ESOP Holders
Patron Accounting helps MNC employees accurately report foreign ESOPs, calculate tax implications at each stage, and ensure complete Schedule FA disclosures. Our tax professionals assist you in filing with confidence, thereby eliminating compliance risk.
