ESPP
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Taxation of Employee - ESPP

Tax on discount at purchase.

Tax on sale

Sub Deduction - ESPP

May be allowed if subsidiary reimburses parent under a written agreement and required withholdings are made. Triggers tax withholding and social insurance contributions.

Withholding and Reporting
Income Tax/ Social Insurance Contributions

Withholding and reporting likely required if (a) local subsidiary records an expense on its books for the awards, (b) local subsidiary reimburses the parent for the awards, or (c) local subsidiary claims a local tax deduction for the awards.

Please contact Baker McKenzie for details.

Securities Restrictions - ESPP

Exemption from the Philippine Securities and Exchange Commission required (filing fee is payable as part of exemption application).

Ongoing reporting requirements also apply.

Exchange Controls - ESPP
Generally, no.
Plan Entitlement - ESPP
Not generally, if not an "employer practice." Statement regarding discretionary nature of plan should be acknowledged by employees.
Data Privacy - ESPP

Written consent from employees for the transfer of data abroad should be obtained.

Companies are advised to check with their data privacy counsel to determine any other requirements (such as notification or registration obligations).