ESOP Taxation in India: Perquisite Tax, Capital Gains, and the Startup Deferral (2026)
ESOP taxation in India explained: perquisite tax at exercise, capital gains at sale, the Section 80-IAC deferral, and dual taxation for cross-border employees.
Section 80G allows a deduction for donations made to specified charitable trusts and government relief funds, with the deduction set at either 50% or 100% of the donation, with or without an income-linked qualifying limit.
Section 80G of the Income Tax Act, 1961 provides a deduction for donations made by a taxpayer to specified charitable institutions, relief funds and government schemes. The deduction is structured into four buckets — 100% deduction without qualifying limit, 100% deduction with qualifying limit, 50% deduction without qualifying limit, and 50% deduction with qualifying limit — and the bucket determines both the percentage of the donation that is deductible and whether an overall income-linked ceiling applies.
Section 80G is available to all categories of taxpayers — individuals, Hindu Undivided Families, companies, firms — but only those who file under the old tax regime. Donations made under the new tax regime do not qualify for any deduction. The provision is widely used by salaried employees during the year-end tax planning window to reduce taxable income while supporting causes they care about.
A donation qualifies for Section 80G only if all the following are true:
Donations in kind — old clothes, food, medicines, blankets — do not qualify under Section 80G regardless of value. Only money donations are eligible.
Section 80G donations fall into four categories:
| Category | Deduction | Qualifying limit |
|---|---|---|
| Category A — 100% without limit | 100% of donation | None |
| Category B — 50% without limit | 50% of donation | None |
| Category C — 100% with limit | 100% of donation | Capped at 10% of adjusted GTI |
| Category D — 50% with limit | 50% of donation | Capped at 10% of adjusted GTI |
Category A (100% without limit) includes the Prime Minister’s National Relief Fund, the Prime Minister’s CARES Fund, the National Defence Fund (set up by the Central Government), the National Children’s Fund, the Swachh Bharat Kosh, the Clean Ganga Fund (for Indian residents), the Chief Minister’s Relief Fund of any state, the National Foundation for Communal Harmony, the National Illness Assistance Fund, and the National Sports Fund.
Category B (50% without limit) includes the Prime Minister’s Drought Relief Fund and the Indira Gandhi Memorial Trust, among others.
Category C and D (with qualifying limit) include most other approved charitable trusts. The qualifying limit is 10% of the donor’s adjusted gross total income, computed after excluding long-term capital gains and other Chapter VI-A deductions.
Consider Priya, a salaried professional with a gross total income of ₹18,00,000 in FY 2025-26. She makes the following donations during the year:
Calculation of adjusted gross total income:
Section 80G deduction:
| Donation | Category | Deductible |
|---|---|---|
| ₹50,000 to PM CARES | A — 100% no limit | ₹50,000 |
| ₹30,000 to school trust | D — 50% with limit | ₹15,000 (50% × ₹30,000, well within ₹1,62,500 cap) |
| ₹1,500 cash to religious trust | D — 50% with limit | ₹750 |
| Total Section 80G | ₹65,750 |
In the 30% slab under the old regime, this saves Priya ₹65,750 × 31.2% = approximately ₹20,514 in tax for the year, while channeling ₹81,500 to causes she supports.
Section 80G is available only under the old tax regime:
| Regime | Section 80G |
|---|---|
| Old | Available across all four categories |
| New (Section 115BAC) | Not available |
The new regime explicitly excludes Chapter VI-A deductions other than Section 80CCD(2) and 80JJAA. For taxpayers who give substantial amounts to charity each year, this is one of the most material reasons to remain on the old regime.
Omnivoo’s investment declaration window captures Section 80G donations with category, donee PAN, registration number and payment mode. The platform automatically computes the qualifying limit at 10% of adjusted gross total income, allocates donations to the correct bucket, and excludes cash donations above ₹2,000. For employees on the new regime, Section 80G entries are flagged but not applied to the TDS computation. The Form 10BE reconciliation is built into the year-end Form 16 review to surface any mismatches before ITR filing.
For more on year-round salary tax planning, see our TDS on salary guide.
The new income tax regime in India (default since AY 2024-25) offers lower slab rates with reduced deductions — only Standard Deduction (₹75,000), employer NPS, and a few others apply.
The old income tax regime in India offers higher slab rates but allows over 70 deductions and exemptions including HRA, LTA, Section 80C, 80D, and home loan interest.
Section 80C of the Income Tax Act allows individual taxpayers to claim deductions up to ₹1.5 lakh per year on specified investments and expenses, available only under the old tax regime.
Section 80D allows tax deductions on health insurance premiums paid for self, family, and parents — up to ₹25,000 (or ₹50,000 for senior citizens), available only under the old tax regime.
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