Tax at grant for RS; tax at vesting for RSU.
Taxable amount is fair market value of the shares on the tax event.
RS taxable amount at grant may be reduced depending on the vesting provisions.
Tax on sale, subject to annual exclusion.
Generally allowed, if subsidiary reimburses parent under a written agreement and certain conditions are met.
Income Tax:
Reporting through PAYE system at grant for RS/vesting for RSUs.
Additionally, annual reporting of grant and vesting required for RSUs (via Form ESA).
Reporting must be completed electronically.
Withholding required.
Social Insurance Contributions:
Universal Social Charges ("USC") are due.
Employee social insurance contributions (PRSI charges) are due.
Employer is required to withhold USC and employee PRSI due on RS/RSU.
Employer PRSI does not apply.
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.
Generally, no, but employee should be required to sign/accept an agreement acknowledging the discretionary nature of the grant.
Part-time employees likely entitled to pro rata benefits.
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.