The Singapore Budget 2025 is introducing a welcome change to the requirements for obtaining a tax deduction for share-based awards granted to employees in Singapore. With effect from the Year of Assessment (YA) 2026, a tax deduction for such awards will be available also for awards that are settled with newly issued shares, not just treasury shares. Additional clarifications from the Inland Revenue Authority of Singapore (IRAS) on the specific requirements and timing for the…
In Brief Argentina has recently relaxed its currency control restrictions for individuals, which should allow optionees to exercise their stock options other than through a cashless exercise method, as it is now possible to remit funds out of Argentina to purchase foreign shares. There has not been a similar relaxation of the exchange control restrictions for local entities. Consequently, it appears that there are still substantial limitations on offering Employee Stock Purchase Plans (ESPP) to…
Employer reporting obligations relating to French-qualified awards For French-qualified1 stock options or BSPCEs2 exercised in 2024 and French-qualified RSU vested in 2024, the French employer must prepare an individual statement with the exercise / vesting data to be provided to the beneficiary no later than March 1, 2025.This individual statement has to be used by the beneficiary to report their taxable income in their French annual income tax return due in May / June 2025…
As Donald Trump prepares to take office as the 47th United States president, we outline the policy positions we expect to see across five key areas that will have significant implications for business. Trump has pledged to lower taxes, cut regulation and impose new tariffs on imported goods. The ability of the new President to implement his plans will be heavily impacted by the makeup of Congress. With President-elect Trump’s party controlling the Senate, and…
US companies have been granting various forms of share-based awards to employees around the globe for many years, and companies in other countries are increasingly following suit. Because share-based awards are ubiquitous, and for many companies an important part of the total pay package, we are now also seeing an increasing number of lawsuits and other disputes involving such awards. The Claims Broadly, these disputes can be categorized as follows: Entitlement Claims These can arise…
We have released the September 2024 edition of our “Clients & Friends Newsletter,” which reviews the latest developments impacting share plans globally. Explore the newsletter, and/or register for our upcoming October 8th webinar, to learn more about the impact of the following tax, legal and regulatory changes on your share plans:
One of the biggest sleeper issues (in my opinion) for US companies when granting equity awards to non-US employees or other service providers is the fact that their heirs may be assessed with US estate tax and be required to file an estate tax return in the US if the individual dies while holding equity awards or shares. US Estate Tax Exemptions Individual US taxpayers (i.e., US citizens and non-US citizens who are domiciled in…
In many cases, when a candidate is recruited, they are being offered a new hire grant of equity awards and (possibly) subsequent “refresh” grants. Depending on the company, this can be a significant component of the employee’s total compensation and may be the most important piece to get the candidate to accept the offer. So, naturally, companies tend to include information about the equity awards in the offer letter provided to the candidate, together with information…
We are pleased to share a recent LegalDive article, “Why companies should review noncompetes in equity award agreements,” with quotes from Barbara Klementz. Given increased government scrutiny, employers need to be mindful of the time periods noncompetes cover and review state-specific requirements. In the light of the sharp focus the federal government and a growing number of states have placed on noncompetes, many employers have reexamined their use of that type of contractual clause in…
March 14, 2023, is recognized as Equal Pay Day in the US. This date symbolizes how far into the year women must work to earn the same amount that men earned in the previous year. Because women earn less, on average, than men (according to the US Census Bureau), they must work longer for the same amount of pay. It is vital to know that the wage gap is even greater for most women of color. In recent years, legislatures have…