“Recently we became aware of an issue in India that makes us think 409A is potentially going global,” writes Bo Brustkern, principal Arcstone Partners (Denver, Colorado) at a recent posting on his blog. “The Fringe Benefit Tax (or FBT) has hit the books,” Brustkern reports, “and it looks somewhat familiar.” Any company that compensates its employees in India with stock options must file quarterly reports and pay a tax on the intrinsic value of an option as it vests. “In addition, the valuation must now be performed by a Category 1 Merchant Banker registered with the Security and Exchange Board of India.” Arcstone Partners—another bang-up BV website, with a current reach to appraisers, attorneys, acquisition specialists, and others—will post updates as they learn more. In the meantime, check out www.arcstonepartners.com.
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