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    <title>Clarification on the taxability of ESOP/ESPP/RSU provided by a company to its employees through its overseas holding company.</title>
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    <description>GST does not apply where an overseas holding company directly issues ESOPs, ESPPs or RSUs to employees of its domestic subsidiary and the subsidiary reimburses only the cost of the securities on a cost-to-cost basis. Securities are neither goods nor services, and employee compensation under an employment arrangement is outside supply. However, any additional fee, markup, commission or similar recovery above the securities cost is consideration for facilitating or arranging the transaction. GST applies to that additional amount under reverse charge as an import of services by the domestic subsidiary.</description>
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    <pubDate>Mon, 15 Jul 2024 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/circulars?id=70844</link>
      <description>GST does not apply where an overseas holding company directly issues ESOPs, ESPPs or RSUs to employees of its domestic subsidiary and the subsidiary reimburses only the cost of the securities on a cost-to-cost basis. Securities are neither goods nor services, and employee compensation under an employment arrangement is outside supply. However, any additional fee, markup, commission or similar recovery above the securities cost is consideration for facilitating or arranging the transaction. GST applies to that additional amount under reverse charge as an import of services by the domestic subsidiary.</description>
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      <pubDate>Mon, 15 Jul 2024 00:00:00 +0530</pubDate>
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