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ESOP tax treatment uncertain as courts differ on pre-exercise payouts

6 days ago 4

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Home / Finance / News / ESOP tax treatment uncertain as courts differ on pre-exercise payouts

Divergent court rulings on vested but unexercised ESOPs create uncertainty over whether employee payouts are taxed as salary or capital gains

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The divergent rulings are creating practical difficulties not only for employees but also for companies, experts said.

Monika Yadav New Delhi

3 min read

Last Updated :

Oct 01 2026 | 12:29 AM

IST

Tax treatment of employee stock options (ESOPs) is facing fresh uncertainty as courts have taken different views on how money received by employees from vested but unexercised options should be taxed.

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