কর্মচারী শেয়ার স্কিম হইতে অর্জিত আয় নির্ধারণ

(1) An Employee Share Scheme means any agreement or arrangement under which a company—

(a) may issue shares or the right to acquire shares to its employees or employees of its associate `company; or,

(b) may issue shares or the right to acquire shares to the trustee of a trust, and subsequently, the trustee may issue such shares or the right to acquire shares to the employees mentioned in clause (a) in accordance with the trust deed, or may distribute dividends arising from the transfer of such shares to any other person among the employees mentioned in clause (a).

(2) When shares are received under an Employee Share Scheme, the income shall be added to the income from employment in the year of receipt of the shares under the formula A - B, where—

A = the fair market value of the shares on the date of receipt,

B = the cost of acquiring the shares.

(3) The cost of acquiring shares mentioned in sub-section (2) shall mean the sum of the following costs, namely: —

(a) any amount paid by the employee to acquire the shares;

(b) any amount paid by the employee to obtain the right or opportunity to acquire the shares.

(4) If an employee sells or transfers the right or opportunity to acquire shares under an Employee Share Scheme, the income shall be added to the income from employment under the formula A - B, where—

A = the sale or transfer value of the right or opportunity to acquire shares,

                B = the amount paid to obtain the right or opportunity to acquire shares.

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