Tax on Buy Back of Shares

Hi @Kaushal_Soni My company’s investor recently aqquired ESOP from employees. Excercise and sell happened on the same day. Company deducted 30% TDS on the entire gain amount. Form16 also shows the full gain amount as Prerequisite tax under Salary Head.

While filing ITR-2, can I reduce prerequisite tax based on (FMV - excercise price) formula and remain (Sell price - FMV) as capital gain?

Also, I have some carry forwarded short term loss from listed shares. Can I adjust this STCG (of Esop) with the loss? Please help :slight_smile:

Hi @Shubhabrata_Naha

Yes, you can bifurcate your ESOP gain and salary part by applying formula as per income tax act.

in the buyback process of a company ; those persons who sell/return/surrender the shares to the company ; do not have to bear any tax / income tax liability on the profit/earning !

but ; as per the law ; the company bears all the tax liability ; in the above process .

my query is : isn’t it unfair / unjust on part of the company or on part of the existing shareholders of the company ?

because ; the tax paid by the company on buyback ; would reduce the bank balance ; which is property of the existing shareholders !

@Sakshi_Shah1
@Ridhima_Sharma
@Kaushal_Soni

Hi @HIREiN

It is what the law says.
Gains arising from the Buyback of shares to an individual are exempt u/s 10(34A) for the shareholder.

isn’t it unfair / unjust on part of the company or on part of the existing shareholders of the company ? because ; the tax paid by the company on buyback ; would reduce the bank balance ; which is property of the existing shareholders !

@Sakshi_Shah1
@Ridhima_Sharma
@Kaushal_Soni

in the Buybacks ; The company has to pay a buyback tax of 20% on the difference between market price and the issue price.

the query is : in the past ; the company had issued shares in three different years at 3 different prices . THEN . which issue price is taken into consideration for the buyback tax calculation purpose ?

Hi @HIREiN

In this case, it depends on the company for which year of shares it wants to issue the buyback.

2 posts were merged into an existing topic: Taxation on buyback of shares