However, to compute capital gains from such sales, the cost of the acquisition to be considered is the FMV, on the basis of which the perquisite value was initially computed at the time of allotment upon the exercise.A new provision, introduced recently in the Act( Income tax Act, 1961), provides for the enhanced notional sale value to be considered to compute capital gains if the FMV (determined in the specified manner) is higher than the actual sale consideration. This creates a fair degree of challenge and complexity for individual shareholders, particularly if the shares are not listed in a recognised stock exchange in India. The taxability of any dividend earned from the resultant shares should not be overlooked, especially in the case of a foreign dividend.Obligations for employers and employeesIt is an individual’s obligation to pay the tax that is due on all income generated from any stock option plan, be it salary income, capital gains or dividend income.

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