No GST On ESOP Reimbursements – An Incentive From Government To Employers

Pursuant to recommendations of the 53rd GST Council Meeting, the CBIC has now issued Circular No. 213/07/2024-GST dated June 26, 2024, clarifying that the transactions of issuance of shares by the foreign holding company to employees of domestic subsidiary company under ESOP/ESPP/RSU and corresponding reimbursement of cost of shares (on cost-to-cost basis) by the domestic subsidiary company do not constitute supply of services. It has been clarified that such reimbursements are towards issuance of shares which do not constitute supply of goods or service and hence, not liable to GST.