Cross‐Border Taxation of Employee Stock Options Available to Purchase

The complexity of the taxation of employee stock options is escalated in a cross‐border context. It is important to understand multi‐jurisdictional tax differences from both the employee and employer perspective in order to avoid unnecessary tax exposure and liability. The current status of the taxation of employee stock option plans in the U.S. and the People's Republic of China is used to illustrate multi‐jurisdictional taxation issues. Careful, prospective tax planning can significantly reduce an employee's cross‐border tax liability.