Taxation of RSU and ESOPs Acquired from Foreign Company
Meaning
An RSU is an award of stock shares usually given as a form of employee compensation.
- It Doesnot provide any tangible value until they are actually vested.
- RSU's are assigned at Fair Market Value (FMV) when they vest.
Taxation of RSU(when acquired from a Foreign Company)
- Tax at the time of vesting- Tax is payable after adding these shares to the taxable income at FMV less excise price paid(if any).
- Tax at the time of Selling
a) If sold within 24 months from the date of acquisition- It will be treated as STCG- Chargeable at slab rate applicable to assessee.
(b) If sold after 24 months from the date of acquistion- It will be treated as LTCG-Chargeable at 20% along with indexation benefit.
Conversion Rate- RSU acquired and sold from a foreign company,when sold, is converted into Indian Rupees at the prevailing RBI rates on that day.
Schedule FA- Any foreign Shares or assets acquired has to be reported in Schedule-FA while filing ITR.
ITR to be filed- We need to file ITR-2(considering there is no other business income or any income/loss from trading in shares).
Dividend Income Acquired from Foreign Holding/RSU-
Dividend income earned on the foreign shares held is taxable in India(in case of a resident person). However, if any tax is being paid in foreign country on that income, it can be claimed as a relief while filing ITR in India.
Time limit for claiming relief:
Relief can be claimed any time in the Assessment year by filing Form-67.