ESPP
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Taxation of Employee - ESPP

Tax on discount at purchase.

Tax on sale.

A bank tax may apply to transfer of funds made in connection with employee stock plans.

A personal assets tax may apply to shares acquired under an employee stock plan.

A stamp tax may apply to execution of hard-copy equity award agreements.

Sub Deduction - ESPP

Allowed if subsidiary reimburses parent under a written agreement (but see Exchange Controls regarding Central Bank approval requirement).

Withholding and Reporting

Income Tax

Yes, employer required to withhold and report the taxable amount at the time of the taxable event.

Social Insurance Contributions

Employee and employer social insurance contributions are due. Employee social insurance contributions are subject to a monthly income ceiling.

Employer social insurance contributions are not subject to income ceilings. Employer has to withhold employee's contributions.

Securities Restrictions - ESPP
No, if private placement procedures are followed.
Exchange Controls - ESPP

Outward remittances by individuals without prior approval from the Central Bank are subject to a (low) monthly limit. Prior approval from the Central Bank is required for outward remittances made by a local entity in connection with an employee share plan (e.g., remittance of accumulated payroll deductions or reimbursement payments).

Outward remittances will likely be subject to a withholding tax.

For transfers into Argentina, no prior approval is necessary; however, certain exchange control requirements may apply.

*Payroll deductions are technically not permitted in connection with an ESPP.

Plan Entitlement - ESPP
Significant entitlement issues, especially if grants made regularly/frequently.
Data Privacy - ESPP
Written consent from employees for the transfer of data abroad is strongly recommended. Companies should check with their data privacy counsel to determine any other requirements (such as notification or registration obligations).