RS/RSU
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Taxation of Employee - RS/RSU

Tax likely at grant for RS subject to time-based vesting conditions only; tax likely at vesting for RS subject to other vesting conditions (e.g., performance goals). Tax at vesting for RSU.

Taxable amount is fair market value of the shares on the tax event.

Tax on sale, subject to certain exemptions and deductions.

Sub Deduction - RS/RSU
Yes, if subsidiary reimburses parent pursuant to a written agreement and grants based on employment relationship. In addition, use of treasury shares may be required.
Withholding and Reporting - RS/RSU

Income Tax:
Withholding and reporting required at taxable event.

Social Insurance Contributions:
Generally, only the employee-paid health premium due on income at taxable event.

Risk that additional employee social insurance contributions and employer social contributions are due on RS and RSUs which vest within one year from grant.

Securities Restrictions - RS/RSU

No securities law restrictions or obligations apply.

Non-transferable free offers of RS/RSUs are not considered a public offering of securities for purposes of the EU Prospectus Regulation.

Exchange Controls - RS/RSU
No.
Plan Entitlement - RS/RSU

Employees should be required to acknowledge discretionary nature of awards. Even with acknowledgment, award income may be taken into account as salary 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.

Data Privacy - RS/RSU

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.