ESPP
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Taxation of Employee - ESPP

Tax on discount at purchase.

No tax on the sale of shares provided the shares are not acquired and/or held as a business asset.

Shares, but not purchase rights, are subject to annual wealth tax.

Sub Deduction - ESPP
Allowed if subsidiary reimburses parent under a written agreement.
Withholding and Reporting

Income Tax:
Reporting requirements apply with respect to the grant and exercise of purchase rights.

Withholding required only for foreign employees with "B" permit and cross-border employees.

Social Insurance Contributions:
Yes, for both employee and employer. Employer must withhold employee's contribution.

Securities Restrictions - ESPP

Generally, none, but recommended to include securities legend in grant documents.

Exchange Controls - ESPP

None.

Plan Entitlement - ESPP
Generally not, but written disclaimer recommended.
Data Privacy - ESPP

A valid basis is required to collect, process and transfer personal data.

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 the employee's personal data.