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Deferred Tax on Employee Share Options

Deferred Tax on Employee Share Options: Ind AS 12 Cumulative Expense and Equity Allocation

Build a reporting-date share-option tax estimate, test deferred tax asset recoverability and reconcile the cumulative tax benefit between profit and equity.

Reviewed by CA Raghav Agarwal · Chartered Accountant | 10+ years in Ind AS Financial Reporting

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Start with the employer's actual deduction rules

Under Ind AS 12 paragraphs 68A–68C, a share-based remuneration award may produce a tax deduction in a different period or for a different amount from the expense recognised under Ind AS 102. Establish which employer is entitled, whether the deduction exists, when it arises and how it is measured. The examples assume a supported future deduction and an illustrative rate; neither an Ind AS 102 charge nor a plan labelled ESOP establishes a deduction under Indian tax law.

Read the applicable text: MCA Ind AS 12, paragraphs 24, 47 and 68A–68C MCA Ind AS 102, Share-based Payment.

Measure the tax base from services received to date

Where employee services have a nil carrying amount and a supported future tax deduction, paragraph 68B treats the difference as a deductible temporary difference. Estimate the amount attributable to services received up to the reporting date. If tax deduction depends on the future share price, use the reporting-date share price in the estimate, where paragraph 68B applies. Keep grant-date accounting valuation and tax measurement separate. Recognise the deferred tax asset only to the extent it is probable that taxable profit will be available to use the deductible temporary difference, applying Ind AS 12 paragraph 24. Measure it using the tax rate expected when the asset is realised, based on law enacted or substantively enacted by the reporting date (paragraph 47).

Reconcile cumulative tax before recording movements

Paragraph 68C uses the related cumulative remuneration expense as the comparison amount. Where the tax deduction or estimated future deduction exceeds that cumulative expense, recognise the associated excess current or deferred tax directly in equity. Under the simple fact pattern of one rate and full recognition, the cumulative tax effect up to cumulative expense is in profit or loss and the remaining tax effect is in equity. Calculate the cumulative allocation at each close and reconcile changes by component rather than routing the full asset change through tax expense.

Close or remeasure the award cohorts

Retain a cohort bridge with expected deductible amounts, cumulative expense, prior balances, current and deferred tax, and profit or equity movements. Reassess changed prices, forfeitures, exercise and the support for future taxable profit. On exercise, reconcile the actual current tax benefit and unwind the corresponding deferred amount so that a single deduction does not produce two outstanding benefits. Review legal entities separately and explain unresolved jurisdiction-specific positions.

Six worked illustrations

All facts and amounts are fictional. Calculations illustrate the stated assumptions, not a predetermined legal outcome.

Illustrative example 1: Deduction below cumulative expense

Cumulative remuneration expense is ₹80 lakh and the supported future deduction for services received is ₹60 lakh. At an assumed 25% rate and full recoverability, the ₹15 lakh deferred tax asset is attributed entirely to profit or loss.

Illustrative example 2: Deduction above cumulative expense

Expense is ₹80 lakh and the estimated deduction is ₹120 lakh. At 25%, the recognised asset is ₹30 lakh: ₹20 lakh through profit or loss and ₹10 lakh directly in equity on the stated assumptions.

Illustrative example 3: Market-price remeasurement

The estimated deduction rises from ₹80 lakh to ₹120 lakh; cumulative expense stays ₹80 lakh. At 25%, the asset moves from ₹20 lakh to ₹30 lakh. The ₹10 lakh movement is directly in equity under these assumptions.

Illustrative example 4: Expense grows while deduction is unchanged

At a 25% rate, the deduction remains ₹120 lakh and cumulative expense rises from ₹80 lakh to ₹100 lakh. The ₹30 lakh total asset is unchanged; the cumulative profit component moves from ₹20 lakh to ₹25 lakh and the equity component falls from ₹10 lakh to ₹5 lakh.

Illustrative example 5: Recoverability limits recognition

A supported temporary difference of ₹80 lakh is measured at 25%. If only ₹48 lakh meets the recognition condition, recognise ₹12 lakh of the ₹20 lakh potential asset. The remaining potential asset is ₹8 lakh; assess disclosure.

Illustrative example 6: Exercise and actual deduction

A cohort has a ₹25 lakh recognised asset on an estimated ₹100 lakh deduction. Exercise gives a verified current deduction of ₹108 lakh at 25%, with no residual future deduction for the exercised cohort. The current tax benefit is ₹27 lakh and the ₹25 lakh deferred asset reverses, producing a net ₹2 lakh tax benefit. For example, if the cumulative remuneration expense was ₹90 lakh at both measurement dates, the cumulative profit-or-loss component stays at ₹22.5 lakh. The equity component rises from ₹2.5 lakh on the estimate to ₹4.5 lakh on exercise, so the net ₹2 lakh movement goes directly to equity in that case.

Ten-step verification table

StepActionEvidence
1Identify the awardsGrant and vesting register
2Identify the taxpayerEmployer and tax jurisdiction
3Confirm entitlementApplicable enacted law and legal memo
4Measure service to dateCumulative Ind AS 102 expense working
5Estimate deductionReporting-date inputs and tax rules
6Compute temporary differenceTax base and carrying amount reconciliation
7Test future taxable profitForecast and reversal support
8Allocate cumulative taxProfit and equity bridge
9Reconcile exercise or forfeitureSettlement records and current tax
10Approve disclosuresDeferred tax schedules and reviewer evidence

Sixteen practitioner FAQs

1. Is a share-option deduction automatic?

No. Establish entitlement under the applicable tax law.

2. What does 68B compare?

The tax base of services received to date and their carrying amount.

3. Does the full unvested grant enter the tax base?

Measure the deduction attributable to services received to date.

4. Can grant-date fair value determine the tax base?

Use the measurement required for tax, not the accounting valuation by default.

5. When is reporting-date share price relevant?

Where the amount of future tax deduction depends on future share price.

6. Does every deductible difference create a full asset?

Only to the extent the relevant recognition criteria are met.

7. What is the 68C comparison amount?

The related cumulative remuneration expense.

8. Where does tax on the excess deduction go?

Directly in equity under 68C.

9. Can the total asset stay flat while allocation changes?

Yes, as cumulative expense changes.

10. What if the share price declines?

Remeasure the estimate and update the relevant allocation.

11. Can current and deferred amounts coexist in one plan?

Yes. Track cohorts and actual exercise separately.

12. What happens to the deferred amount on exercise?

Reverse the recognised balance to the extent the associated future deduction is no longer outstanding.

13. What if the group issues shares for subsidiary employees?

Identify the entity eligible for the deduction and assess its facts.

14. Can an assumed rate be reused for all employers?

No. Use the applicable enacted or substantively enacted rate for the expected period.

15. How do forfeitures enter the working?

Assess their effect on both the award accounting and expected deduction.

16. What is the final reconciliation?

Opening tax, movement by profit or equity, exercised cohorts and closing tax by entity.

Official sources

MCA Ind AS 12, paragraphs 24, 47 and 68A–68C MCA Ind AS 102, Share-based Payment