What should foreign companies consider regarding ESOPs?

Employee stock ownership plans (ESOPs), a form of benefit provided by a company to their employees as company stocks, are widely preferred by many companies, Indian and foreign. These ESOPs allow companies to give their employees a share in the company stock and its ownership. There are quite a few factors to be considered while creating an ESOP, depending on the regulations the company falls under and the company’s long-term goals.

For foreign companies as well, ESOPs are a great option to increase the retention of their employees. Some of the factors for foreign companies to consider before investing in ESOPs are as follows:

• Retention of employees: Every company aims to retain its employees for as long as possible and avoid spending on training new employees. ESOPs provide an opportunity for companies to give their employees a retirement benefit plan that, in turn, creates a retention plan for the company. Depending on the company’s structure and goals, an employment duration is fixed, after which an employee becomes eligible for the ESOP. The company’s plan decides whether the stock value will be set or depend on the market.

• Tax deductions: As per the regulations and legislature of where the company is registered, foreign companies with subsidiaries elsewhere, for example, India, can claim benefits on ESOPs under the Double Taxation Avoidance Agreement (DTAA). As per the DTAA, for the countries that follow its regulations, foreign companies can avoid double taxation as per the requirements of both the residence country and India. However, it is a highly complex issue and should be consulted with legal and judicial authorities to ensure that all pertinent regulations are followed properly.
• Expansion beyond home grounds: Foreign companies trying to move into a new market might need some help in gaining employee trust. And a plan that allows employees to have some ownership in the company can help create a positive relationship across different locations.

It is advised to any foreign companies looking to establish ESOPs to ensure that they have considered all the legal rules and regulations of the target market. At Corporate Leaps, companies wanting to develop their place in the Indian market can get all their advisory needs fulfilled on ESOPs as well as other operations.