The Inter-Ministerial Board gate, then a deduct-by date for every ESOP allotment: window end, sale or exit, whichever comes first. The 48-month and 60-month

The Inter-Ministerial Board gate, then a deduct-by date for every ESOP allotment: window end, sale or exit, whichever comes first. The 48-month and 60-month rules land on the same

v1 — first publication 2026-11-04.

AI tools for chartered accountants

AI tools for chartered accountants

ESOP Tax Deferral — Gate and Dates

by CA Karan Gupta

The Inter-Ministerial Board gate, then a deduct-by date for every ESOP allotment: window end, sale or exit, whichever comes first. The 48-month and 60-month rules land on the same

Last statutory update: 4 Nov 2026 — v1 — first publication 2026-11-04.

Statutory context

- Income-tax Act, 2025: s.392(3) read with s.289(3), for allotments from 1 April 2026. The window is 60 months from the end of the tax year. - Income-tax Act, 1961: s.192(1C), for allotments from 1 April 2020 to 31 March 2026. The window is 48 months from the end of the assessment year. - Eligibility: s.140 (earlier s.80-IAC). - Tax is deducted at the rates of the year of allotment. - A missed deduction makes the company an assessee in default: interest at 1% a month and a penalty up to the tax not deducted.

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