ESPP
Jump to
Taxation of Employee - ESPP

Tax on discount at purchase.

Tax on sale.

Sub Deduction - ESPP

Yes, if subsidiary reimburses parent. Written agreement required.

Withholding and Reporting

Income Tax/Social Insurance Contributions:

Withholding and reporting as well as social insurance contributions likely required if local subsidiary (a) records an expense on its books for the awards, (b) reimburses the parent for the awards, and/or (c) is otherwise involved in the grant of the awards. Please contact Baker McKenzie for details.

Securities Restrictions - ESPP

None.

Exchange Controls - ESPP

None.

Plan Entitlement - ESPP

Possible plan entitlement issues, especially if subsidiary reimburses parent.

Written disclaimer should be included (in English and Spanish) to reduce risk of entitlement.

Data Privacy - ESPP

Federal privacy law enacted in July 2010 requires employers to appoint an individual or establish a data privacy department, inform employees of collection of personal data and obtain consent to processing, disclosure and transfer of personal data.