ESPP
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Taxation of Employee - ESPP

No income tax applies.

No taxation at sale.

Sub Deduction - ESPP

For entities operating in free zones, it is likely that no income tax applies to local subsidiary (provided certain conditions are met) and a subsidiary tax deduction is generally not relevant.

Otherwise, where corporate income tax applies to the local subsidiary, a deduction should be permitted if an accounting deduction has been taken.

Please contact Baker McKenzie for details.

Withholding and Reporting

Income Tax:
N/A

Social Insurance Contribution:
Likely not applicable.

Securities Restrictions - ESPP

Generally, none (but a securities legend should be included in the offer materials).

Exchange Controls - ESPP

None.

Plan Entitlement - ESPP

Generally, no; however, plan documentation should state that the grant is a "one time" or irregular benefit extended to the employee.

Certain restrictions apply to payroll deductions. For all entities, aggregate deductions should not exceed 50% of the employee's monthly salary. For entities subject to the Wage Protection Scheme (WPS), aggregate deductions generally should not exceed 20% of the employee's monthly salary.

Data Privacy - ESPP

The employee's prior written consent to the collection, use and transfer of data prior to grant should be obtained.