Ramesh Kumar, is employed by ABC Ltd., an Indian Company, which is a wholly owned subsidiary (WOS) of Finch Inc., of USA, a foreign company. Employee Ownership Plan (ESOP) shares were issued by the foreign holding compan

CS Professional · Direct Tax Law & Practice · PYQS · June 2019
Ramesh Kumar, is employed by ABC Ltd., an Indian Company, which is a wholly owned subsidiary (WOS) of Finch Inc., of USA, a foreign company. Employee Ownership Plan (ESOP) shares were issued by the foreign holding company to Ramesh Kumar at a pre-determined price of ₹90 per share. On the date of vesting of interest, the fair market value of foreign holding company's shares was ₹900 per share. The fair market value on the date of allotment of shares on 2nd June, 2018 was ₹1,170 per share. You are required to state : What will be the cost of acquisition of shares in the hands of Ramesh Kumar for the purpose of charge of capital gain when such shares are being subsequently sold by him ?

Answer & Explanation:

As per section 49(2AA) of the Income Tax Act, 1961, the cost of acquisition of shares in the hands of employee would be the FMV on the exercise date. Therefore, in the present case, the cost of acquisition of shares in the hands of Mr. Ramesh Kumar would be ₹900/- per share.

Topics: Capital Gains

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