India's #1 platform for ESOP & RSU tax filing, trusted for ₹10,000+ crore filings


Income Tax Filing for ESOPs & RSUs

Handle ESOPs, RSUs, and foreign stock options with ease
Auto-calculates capital gains and applies FTAA/DTAA correctly
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Full Clarity on Your Tax Liability —From Vesting to Filing

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Verify scheduled FSI and other income data
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Capital gains from mutual funds and stocks

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Guides and useful links to help you Efile taxes

Income tax filing for capital gains

ClearTax has integrations with 80+ brokers, enabling one-click fetching of capital gains data.

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Types of capital gains income

Learn about capital gains, its classification as short-term and long-term, and its taxation. Know about the various deductions available to save taxes on capital gains.

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Set off & carry forward capital losses

Understand how to treat capital losses and adjust them against gains to reduce taxable income.

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ESOP & RSU Taxation

ESOPs and RSUs have the same tax treatment. When either is sold, they are treated as capital gains and taxed at the applicable rates.

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Long-term Capital Gains

Gains from the transfer of long-term capital assets (held for more than either 12 or 24 months, as applicable) are known as long-term capital gains.

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Short-term Capital Gains

Gains from the transfer of short-term capital assets (held for less than either 12 or 24 months, as applicable) are known as short-term capital gains.

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LTCG & STCG Tax Rate on Shares

LTCG from the sale of equity shares are taxed at a flat rate of rate of 12.5% exceeding Rs. 1.25 lakh. STCG from the sale of shares is taxed at a flat rate of 20%

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LTCG calculator

Calculate your long-term capital gains based on the holding period of equity-oriented mutual funds and listed equity shares.

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Frequently Asked Questions

How are capital gains from ESOPs and RSUs taxed?

Capital gains taxation depends on the holding period and whether the shares are listed:​

  • Listed Shares: If held for more than 12 months, gains are considered long-term and taxed at 12.5% without indexation benefits and 1.25 lakhs exemption limit.
  • Unlisted Shares: If held for more than 24 months, gains are considered long-term and taxed at 12.5% without indexation benefits.​

Short-term capital gains (held for less than the above periods) are taxed at applicable slab rates for unlisted shares and at 20% for listed shares.

Do I need to disclose foreign ESOPs or RSUs in my tax return?

Yes, if you are a resident Indian holding ESOPs or RSUs in foreign companies, you must disclose these under Schedule FA (Foreign Assets) in your Income Tax Return (ITR). Non-disclosure can attract penalties under the Black Money Act.​

Can I claim tax relief for taxes paid in foreign countries?

Yes, India has Double Taxation Avoidance Agreements (DTAA) with several countries. If you've paid taxes abroad on your ESOPs or RSUs, you can claim relief in India by filing Form 67 along with your ITR, provided you report the income in the same financial year.​

What if I don't have liquidity to pay taxes at the time of exercise or vesting?

This is a common concern, especially with unlisted companies where there's no immediate market to sell shares. Some startups allow deferring the tax payment until you sell the shares or after a specified period. Employees at the start-up would not have to pay the tax on the perk in the year in which they exercised the ESOP. TDS on ESOPS would be delayed until the sooner of the following dates:

  • Five years from the date of the ESOP grant
  • When the employee sells the ESOP
  • Date of departure from the company

Are there penalties for late or incorrect tax filings related to ESOPs and RSUs?

Yes, failing to report income from ESOPs or RSUs, especially foreign holdings, can lead to penalties, interest on unpaid taxes, and scrutiny from tax authorities. It's crucial to maintain accurate records and file returns timely.​

How do I determine the Fair Market Value (FMV) of my shares?

For listed companies, FMV is typically the average of the opening and closing prices on the stock exchange on the exercise or vesting date. For unlisted companies, a valuation by a SEBI-registered merchant banker is required to determine the FMV.

What documentation should I maintain for ESOPs and RSUs?

Keep the following records:​

  • Grant letters detailing the number of options or units granted.​
  • Vesting schedules. Exercise or vesting confirmations.​
  • Sale transaction statements.​
  • Tax deduction certificates (like Form 16).​​
  • Valuation reports for unlisted shares.
These documents are essential for accurate tax filing and in case of any queries from tax authorities.​

Clear offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants in India. Clear serves 1.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India.

Efiling Income Tax Returns(ITR) is made easy with Clear platform. Just upload your form 16, claim your deductions and get your acknowledgment number online. You can efile income tax return on your income from salary, house property, capital gains, business & profession and income from other sources. Further you can also file TDS returns, generate Form-16, use our Tax Calculator software, claim HRA, check refund status and generate rent receipts for Income Tax Filing.

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