Equity Program FAQ
Equity Program FAQ
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Employee Equity Programs
2020-21 Tax Guide and Frequently Asked Questions
We are pleased to provide a guide regarding taxation matters linked to participation in Accenture
Employee Equity Programs for your reference. This document contains an overview of the
taxation of Accenture share plans and answers to related frequently asked questions.
Accenture’s equity programs are subject to country-specific laws, regulations, eligibility rules,
requirements, policies and exceptions which may change over time. While reasonable efforts
have been made to ensure that the information contained in this memorandum is complete and
accurate regarding the 2020-21 Indian tax year, Accenture cannot be held responsible for any
loss incurred as a result of this information. The information included in this memorandum is
not intended to constitute investment, tax or legal advice, and you are encouraged to consult
with your personal financial, legal and tax professionals regarding the matters contained herein,
to ensure that your equity income is correctly reported in your Indian tax return/s.
8. Resources 14
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QUICK REFERENCE GUIDE
Note: The following is general in nature. Employees are encouraged to consult their personal accountant / tax advisor for guidance specific to their facts and circumstances.
Events/Actions Grant of RSUs RSU Vest/Release and ESPP Dividends Received on ACN shares Sale of ACN shares
Purchase
Reference in Equity FAQ below Refer Section 1 & 2 Refer Section 1 & 2 Refer Section 5 & 6 Refer Section 3, 4 & 6
Employee's responsibilities
1. Repatriate dividend & 1. Repatriate Dividend funds to India 1. Repatriate sale proceed funds to India
sales proceeds to India within 90 days of receipt of dividends within 90 days of receipt of sale
bank account consideration
# In addition to India income tax, taxes on dividends may also apply in Ireland and USA. Please refer to Section 5 to understand how you may claim an exemption from taxes
in Ireland and USA on dividends received, where eligible, as well as income arising on vest/release and sale of Accenture shares.
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1. Employee Share Purchase Plan (ESPP) –Taxation Overview
Eligible employees up through the Associate Director level can contribute up to 10 percent of pre-tax
compensation for the purchase of Accenture shares. Contributions are taken from after-tax pay.
Contributions will accumulate over a six-month period, called an offering period. At the end of the
offering period, the accumulated contributions are used to buy Accenture Shares at a discount.
The table below summarises the tax and social security position but should be read in conjunction with
the notes in the following sections. It does not constitute tax advice and it should be noted that you
might have further taxes to pay. We therefore recommend that you consult with your own independent
tax advisor to determine the exact tax consequences of your personal situation.
*Note: The tax rates mentioned above are for the current 2020-21 India tax year (refer para 6.6 for the
applicable tax rates). Rates are subject to change. The tax rates include 37% surcharge (applicable
only if the total income is Rs 5 crore or more) and 4 % Health and Education cess.
*Where the total income exceeds Rs.50 lakhs up to Rs. 1 crore, the surcharge would be 10%.
Where the total income exceeds Rs.1 crore up to Rs. 2 crores, the surcharge would be 15%.
Where the total income exceeds Rs.2 crore up to Rs. 5 crores, the surcharge would be 25%.
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1.2 What are the taxing points and taxable income associated with electing to participate in
ESPP?
ESPP involves a two-stage process, with the associated taxation outlined below:
2 Sale of shares Taxed as Capital Gain – the taxable value (in INR) at date
(Refer section 3) of share purchase/acquisition forms the cost basis of the
shares. Any increase/decrease in value through to the date
of sale will represent a capital gain/loss. Please refer to
section 3 for details of capital gain/loss calculation.
Note: Refer to section 3.2 and 3.3 for details regarding FMV and FX rate conversion from US$ to INR.
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2. Restricted Stock Unit (RSU) –Taxation Overview
The table below summarises the tax and social security position but should be read in conjunction with
the notes in the following sections. It does not constitute tax advice and it should be noted that you
might have further taxes to pay. We therefore recommend that you consult with your own independent
tax advisor to determine the exact tax consequences of your personal situation.
*Note: The tax rates mentioned above are current for the 2020-21 India tax year. Rates are subject to
change. The tax rates include 37% surcharge (applicable only if the total income is Rs 5 crore or more)
and 4 % Health and Education cess.
*Where the total income exceeds Rs.50 lakhs up to Rs.1 crore, the surcharge would be 10%.
Where the total income exceeds Rs.1 crore up to Rs.2 crore, the surcharge would be 15%.
Where the total income exceeds Rs.2 crore up to Rs.5 crore, the surcharge would be 25%.
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2.2 What are the taxing points associated with being awarded RSUs?
RSUs involves a three-stage process, with the associated taxation outlined below:
Note: Refer to section 3.2 and 3.3 for details regarding FMV and FX rate conversion from US$ to INR.
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3. Tax Implications of Selling Shares – Capital Gain / Loss
3.1 How is income from capital gains computed on sale of units/shares?
Please note, calculation of capital gains can be complex and may be subject to certain exemptions. We
recommend that you consult your personal financial/tax advisor to assist you in calculating capital
gains/losses for your personal situation.
If the shares are acquired and sold on the same day, there will be no gain on the sale and therefore, no
tax is payable as the market value of your shares has not changed from acquisition to sale. Note the
date of acquisition is as follows under Accenture equity plans:
If the shares are released and you sell the shares at a later date and the market price of the Company's
shares on the day you sell them is higher than your cost basis, you will realize a profit which will be
taxed either as long term or short-term capital gain and taxed accordingly, as outlined further below.
However, if the market price of the Company's shares on the day you sell them is lower than your cost
basis, this will result in a capital loss which is eligible for carry forward to subsequent years for offset
against future capital gain income.
Note 1: The rate of exchange for the calculation of the value in rupees of any income arising in
foreign currency in respect of income chargeable under the category “Capital gains" shall be
the telegraphic transfer buying rate of such currency as on the last day of the month immediately
preceding the month in which the sale occurs. Refer section 3.3. below for more details.
Note 2: Provision of the Income Tax Act specifies that First-In-First Out (FIFO) system should be
applied for sale of shares.
3.2 How can I obtain the Fair Market Value of my Accenture shares (FMV)?
As per Rule 115 and explanation to Rule 26 of the Income Tax Rules, 1962, the rate of exchange for
the calculation of the value in rupees of any income in foreign currency shall be the telegraphic transfer
(TT) buying rate of such currency as on the specified date.
Telegraphic transfer buying rate in relation to a foreign currency, means the rate or rates of exchange
adopted by the State Bank of India as per guidelines prescribed by Reserve Bank of India.
Specified date for the purpose of computation is the transaction date, for example as follows:
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We recommend that you consult your personal financial/tax advisor to seek advice on use of appropriate
FX rate for conversion of foreign currency in rupees in arriving at sale consideration, cost of acquisition
and capital gains/losses for your personal situation.
3.4 What are the tax implications on income from capital gain?
The tax rate applicable to capital gains will depend on the duration shares are held post acquisition. For
RSUs, acquisition date is the release/vest date for RSUs (i.e; date shares were acquired), not the
original RSU grant/award date.
If the shares are held for less than 24 months, the short-term capital gain arising on sale is taxed at
your personal marginal tax rate. For the 2020-21 India tax year, a 37% surcharge applies on any income
above INR 5 Crores (applicable to the total tax payable) plus a 4% Health and education cess charge,
resulting in a maximum rate of 42.74% (Surcharge would be applicable at 10%, 15% and 25% where total
income is less than INR 5 Crores but above INR 50 Lakhs depending on the level of income. Kindly refer
earlier section for specific surcharge applicability). Tax rates are subject to change.
If the shares are held for more than 24 months, a concessional capital gains tax at a rate of 28.49%
(including surcharge of 37% (assuming total income exceeds 5 crore and health and education cess of
4%) is due (Surcharge would be applicable depending on the level of income. Kindly refer earlier section
for specific surcharge applicability). Please note that these rates apply to shares listed outside of India
only. When you sell your shares, as the gain is taxable, you must report the gain arising in your tax
return for the tax year in which the sale took place.
Offset of Capital Losses: The Income Tax Act does not allow a loss under the category “Capital Gains”
to be offset against any income from other categories. Long Term Capital Losses can be offset only
against Long Term Capital Gains. Short Term Capital Losses are allowed to be offset against both Long
Term Gains and Short-Term Gains.
Carry Forward of Losses: If you are not able to offset your entire capital loss in the same tax year,
both Short-Term and Long-Term losses can be carried forward for 8 Assessment Years immediately
following the Assessment Year in which the loss was first computed/reported.
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4. Example Tax Calculation
The following is an example of the tax implications upon release of shares and subsequent sale of
shares under each plan. This example assumes:
A marginal income tax rate of 42.74% (assuming total income exceeds Rs 5 crore)
A full CGT annual exemption is available.
The illustration ignores the impact of any capped social tax amounts.
Particulars Currency RSU ESPP
Fair Market Value as on date of release/purchase under ESPP US$ 150 150
Discount
Cost of acquisition (COA) under ESPP - of 15% of
FMV
COA per share (Z) US$ - 127.50
Number of shares released/purchased under ESPP (A)
10 10
Tax Implications
1. Award/Release/Purchased
Number of shares released/purchased (A)
10 10
FMV of the shares on date of release/purchase (B) US$
150 150
Notes:
1. Above example is for information purposes only. Transaction fees may also apply and are not included above.
2. Refer Section 3.1 and 3.3 for FX rates to be used for computing perquisites and capital gains
3. For Long term capital gains, indexation of cost of acquisition could be applied based on the year of purchase.
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5. Dividend Taxation
5.1 I will be paid dividends on my units/shareholdings. What are the tax implications in India?
Dividends on shares/units of foreign companies will be taxable in India under the category “income from
other sources”. In India, if you qualify as Resident and Ordinarily Resident (ROR) during the tax year,
the dividends from a foreign company (Accenture, incorporated in Ireland) are taxed at your maximum
marginal tax rate and may go up to 42.74% for the 2020-21 India tax year (assuming total income is
more than INR 5 crore).
5.2 I will be paid dividends on my shareholdings. Do I have to pay Irish withholding tax?
Irish withholding tax is required to be deducted by Accenture unless there is formal advance approval
for exemption from the withholding. Under Irish tax laws the required withholding is 25% from 1st
January 2020 (previously 20%) in absence of an approved exemption.
Resident India taxpayers are eligible to claim an exemption under the India/Ireland Double Tax Treaty
provided they complete the actions required to obtain exemption approval. Please see below for more
details of how to claim such an exemption, or how to mitigate double tax exposure if you do not obtain
the exemption approval in time for dividend payment. Please contact your tax advisor on this and any
other required documentation to be provided before availing such deduction in the jurisdiction
concerned
Accenture has arranged for GlobeTax to help you apply for an exemption from Irish dividend withholding
tax on Accenture shares held at Computershare, Morgan Stanley and UBS Financial Services. The
exemption obtained will apply for five (5) years before it requires renewal. If you are a resident of India
and you obtain a tax residency certificate (TRC) from Indian tax office, GlobeTax can help you apply
for an exemption for a fee of US$50, payable by credit card by following the below instructions:
Please refer to section 5.5 below regarding securing a TRC in India. Please refer to the Irish Dividend
Withholding Tax – Exemption Instructions and FAQ for Accenture plc Shares for full details on the Irish
Dividend Withholding Tax.
5.4 Am I subject to U.S. federal back-up withholding taxes on dividend/sale proceeds? If yes,
how do I claim exemption?
You must ensure you have a valid U.S. tax form (IRS Form W-9 for U.S. residents or IRS Form W 8BEN
for non-U.S. residents) on file with the company broker(s) in order to receive exemption from the 28
percent U.S. back-up withholding tax on share sale and dividend proceeds. Log on to the company
broker(s) website (Morgan Stanley or UBS, as applicable) in order to verify your U.S. tax form status
and complete the form if necessary. You must contact your broker(s) directly regarding the U.S. backup
withholding tax process. Completion of an Irish Non-resident V2 Exemption Form will not exempt you
from U.S. federal back-up withholding tax.
On the Morgan Stanley site, select “Profile” and then select “Tax Information.”
On the UBS site, select “My Profile” and then select “Forms.”
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5.5 How can I obtain a Tax Residency Certificate (TRC) in India? Will Accenture assist me in
obtaining a TRC?
A resident taxpayer of India may make an application for a TRC using Form No. 10FA to the Assessing
Officer.
The Assessing Officer on receipt of an application and being satisfied that the applicant meets tax
resident criteria, shall issue a certificate of residence (TRC) in respect of the assessee in Form No.
10FB.
Alternatively, if you prefer not to apply to the tax authority directly, you may seek help from Accenture’s
designated tax vendor to obtain a TRC, at your own cost. Please contact
[email protected] , [email protected] to avail and engage their services
directly.
5.6 How can I mitigate double tax exposure if I do not obtain the Irish dividend tax withholding
exemption in time for my dividend payment?
If you do not or cannot obtain an exemption due to unattainability of India Tax Residency Certificate,
the Irish dividend withholding tax of 25 % will be applied on any Accenture dividends paid on Accenture
shares held in your Company brokerage accounts. Whilst it will not be possible to entirely mitigate
double tax, it is possible to reduce it by claiming a credit for foreign Irish taxes paid when filing your
India income tax return.
The Irish tax will be shown as “foreign tax withheld” (UBS) or “withholding tax” (Morgan Stanley) on
your company brokerage statement for the month in which the dividend is paid.
As above, dividend income must also be self-declared in the India tax return in the tax year the
dividends were received, if you qualify as resident ordinarily resident (ROR) in India during the tax
year.
India and Ireland have entered into a double tax avoidance agreement (DTAA). Accordingly, if you
have been subject to Irish dividend withholding tax at the point of dividend payment, you may claim
a credit for this foreign tax withholdings when you file your Indian tax return and report dividends to
taxation. This relief (foreign tax credit) is however subject to specification as per the India-Ireland
DTAA. Currently, India Income Tax law restricts the quantum of foreign tax credit (FTC) to
10%.
A separate form 67 must be furnished on or before the due date of your income tax return filing, in
order to claim an FTC. The Form 67 requires you to append evidence of foreign tax paid. To this
end, Accenture will provide a generic support letter to confirm remittance of Irish dividend
withholding tax to Irish tax office.
Note that processing your FTC claim is solely at the discretion of the assessing tax officer and Accenture
is unable to guarantee a successful outcome based on the support letter provided, nor will Accenture
be able to provide you with any further details regarding your dividend payments and taxes withheld on
such dividend paid on Accenture shares. This letter is available in myholdings > Resources > Dividend
> Accenture Plc. - DWT Certificate.
You may provide this letter to your accountant and seek advice on feasibility of claiming FTC via your
tax returns based on generic letter provided, along with your dividend statements and bank statements,
so they may accordingly assist you with this foreign tax credit claim process.
In some instances, it is possible for those who suffered the tax to receive a refund or tax credit of Irish
dividend withholding tax. Consult your tax advisor to determine your eligibility. Alternatively, GlobeTax
may be able to assist you with your refund request from the Irish Revenue Commissioners, for a fee.
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6. Reporting of Income
6.1 Which category of equity income does Accenture report to the tax authority on my behalf?
Accenture has a reporting requirement for shares issued under vested RSU awards and shares
purchase programs. These amounts will be included in your Form 16 information reported to the Income
Tax Authority.
Please note, you are personally responsible for reporting all income and capital gains on your income
tax return. You are encouraged to work with your personal tax advisor/accountant to provide details of
all equity program awards and related taxable events in order to ensure your personal income tax
reporting compliance.
Form 16s are generated in accordance with Accenture India’s employer reporting obligations. This
does not include all potential taxable or reportable income associated with your Accenture equity
program participation and you shall be solely responsible to report such income in your tax returns. In
particular, Accenture as employer is not required to report the following, which is entirely your
personal responsibility:
Equity income and related tax withholding information will be not reflected in your payslip. Equity
details are instead reflected in the perquisite section of the Form 16.
The equity details form part of 1(b) in form 16 and break-up of this is available in Form 12BA. In addition,
payroll team provides certificate of gain and tax calculation. Both the forms are available on Allsec page
under “Tax” tab. While filing your income tax return, please do provide these documents to your Tax
Consultant.
Only the income Accenture has an employer obligation to withhold tax from and report on will be subject
to income tax withholding at your marginal rate. This is perquisite income (i.e. ESPP purchase discount
and RSU FMV at release/vest). Dividend and capital gain income will not be subject to employer income
tax withholding. Therefore, where applicable, will be reportable and any resulting liability payable
through your annual income tax return filing (assuming you have sought an Irish dividend withholding
tax exemption as above).
6.5 Are there any Indian foreign exchange regulations I need to be aware of?
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Under current rules*, a person resident in India:
(i) must repatriate to India and convert into local currency any proceeds from the sale of Company
shares within 90 days after the date of sale of such shares;
(ii) take all reasonable steps to realize and repatriate to India and convert into local currency any
dividends received. **
Exchange control rules are complex and can change frequently. As such, and as you are personally
responsible for complying with applicable exchange control laws and regulations, you are advised to
consult your legal advisor regarding your obligations under any applicable exchange control laws and
regulations.
** Note that under the Accenture Employee Share Purchase Plan (ESPP), dividends are
automatically reinvested by Morgan Stanley unless a participant opts out. To opt out of
automatic dividend reinvestment (in which case a cheque in USD will mailed to you address
available on file for each quarterly dividend), you can call/mail Morgan Stanley directly.
** Note that, our broker UBS facilitate repatriation and reinvestment on Accenture shares
obtained via RSU/VEIP.
You should consult your legal advisor to confirm your choice to the broker on how you can go
about making this election.
7. Resources
Additional Information for Please Contact or Refer to:
Questions Regarding:
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Access my Form 16 Form 16 for FY 2020-21 will be uploaded in Allsec Smartpay,
employee needs download from the site.
ESPP or VEIP purchases, Share Reports for all purchase and vest/release data can be
Option exercises and RSU share generated via myHoldings.
releases
Dividends and/or sales You need to contact your broker(s) for dividend information for
transaction details and broker the period 1 April to 31-March. Access toll-free and direct dial
statements numbers, as well as websites for both Morgan Stanley and UBS
Financial Services at the below link. Morgan Stanley supports
dividends related to shares acquired via the ESPP and share
options. UBS should be contacted regarding Accenture plc
Founder shares, released RSU shares, and VEIP shares.
Website: https://myholdings.accenture.com/contactspage
Market Share Price You can generate a report to identify the fair market value
(FMV) Accenture applied in calculating the values reported in
your Form 16. Access via ‘Reports’ link at the top of
https://myholdings.accenture.com/
Tax information - general Access the Resources link on myHoldings then click on
“Country Specific Tax Information” and select ‘India’ from the
drop-down list.
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