Tax on spread at exercise.
Tax on sale, subject to certain exemptions and deductions.
Income Tax:
Withholding and reporting required at exercise.
Social Insurance Contributions:
Generally, only the employee-paid health insurance premium due on spread at exercise, provided exercise price at least 50% of FMV of shares at grant.
No securities law restrictions or obligations apply.
Non-transferable stock options are not considered a public offering of securities for purposes of the EU Prospectus Regulation.
Employees should be required to acknowledge discretionary nature of awards. Even with acknowledgment, award income may be taken into account in determining the amount of compensation for unjustified termination of employment.
Discrimination against part-time employees is generally prohibited.
The EU Council Directive 2000/78/EC prohibits age discrimination. Most, if not all, countries have adopted local rules implementing this Directive, which may have an impact on design of equity and other incentive plans in the EU, particularly on age or age and service provisions which give different treatment (e.g., accelerated or continued vesting) for those meeting the criteria.
A valid basis is required to collect, process and transfer personal data.
The EU Data Protection Regulation ("GDPR") became effective in all EU/EEA countries on 25 May 2018. It introduces new requirements and increases the powers of data protection authorities, rights of data subjects and potential penalties for non-compliance. Accordingly, companies should review their approach to data privacy compliance in the context of equity plan administration and consider on which basis they may be able to rely to collect, process and transfer data.
Registration and notification requirements with local data privacy authorities may also apply.