Tax incentives designed by British and American companies' executive salary contract
13:46, April 24, 2013 Source: "China Social Sciences", April 24, 2013, Issue 443 Author: Huang Zaisheng

 

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    In the salary regulation,The use of tax policy aims to be based on taxation design and tax collection and management,Guide to the salary practice of executives Bet365 app download of listed companies in the way of the government's intention。From the actual operation,British and American countries mainly pass on taxes before tax、Flexible use of taxation tools such as tax -related types and taxation time,Tax incentives designed by the company's executive salary contract,Government intervention that indirectly realizes the salary of executives of listed companies。

1. Deduction before tax

Generally speaking,executive salary as regular cost projects when the manager obtains,Enterprise can enjoy the pre -tax deduction。From the perspective of American tax practice,Regulatory departments (Congress or court) often make a provision or explanation on the rational standard of executive pay payment,To determine the degree of deduction of executive salary can be used as the forefront of corporate tax projects,Affects the cost of post -tax salary for corporate tax。

The early 1980s,Along with frequent domestic corporate mergers and acquisitions,As a kind of compensation for the changes to the executive bet365 Play online games personnel of the enterprise,Golden parachute plan is becoming more popular。But in practice,Excessive generous resignation compensation has caused questioning and dissatisfaction of the company's stakeholders。To curb the flood of the golden parachute plan,1984 The Budget Act Act added to the Tax Code of 280 (G),It is stipulated that the payment amount of the basic salary of the high control personnel (the average taxable salary value in the past five years) is three times the gold parachute plan,Its excess is considered & ldquo;,No corporate tax deduction。

Later,To curb the excessive growth of the salary of executives of listed companies,The "Taxation Multi -purpose adjustment method" promulgated by the US Congress in 1993 revised the "Tax Code"。Clause No. 162 (M) after modified,Enterprise executive salary (mainly referring to CEO and four other highest salary executives) exceeding 1 million US dollars cannot be deducted before tax as ordinary and necessary commercial expenditures,But the performance of the salary formulation procedure & ldquo; performance salary & rdquo; (Performance-Based) is not subject to the above limit。After the outbreak of the international financial crisis in 2008,The U.S. Economic Emergency Stability Act will be salary of listed company executives (including stock options and other & ldquo; performance salary & rdquo;) before tax deduction standards will be reduced Bet365 app download to $ 500,000,But this new regulation is only applicable to bailout enterprises that receive special government funding aid。

2. Taxation types

In reality,Salaries of listed company executives mainly include cash salary (base salary and short -term performance bonus) and equity incentive plan (stock option、Restricted stocks and stock value -added rights)。From the method of expenditure obtained from salary,Different types of executive salary constitute different types of tax -related types,The comprehensive after -tax income brought by the individual personnel of the enterprise and executives is also different。Cash salary usually pays a tax based on ordinary income。Equity incentive part is because it does not constitute the current income,Therefore, it is also more complicated with its taxation。

From the practice of tax regulation,The United States divides stock options into two categories,That is incentive stock options (ISOS) and illegal stock options (NQSOS)。ISOS's predecessor can be traced back to the restricted stock options in the 1950s and the legal stock options in the 1960s。Article 421 and Article 422 of the U.S. Tax Code,As long as isOS is awarding the price、The term and the number of exercise after exercise and the number of exercise are in line with regulations,You can enjoy the taxation of long -term capital benefits when the shares obtained by the exercise authority,bet365 Play online games But the company must not deduct pre -tax deduction。and NQSOS when the executive personnel exercise the rights,Pay a tax on the right of exercise at general income,Enterprises enjoy pre -tax deduction;,The appreciation of its stock price is to pay taxes at the time of capital gains when it is sold。

3. Tax time

From the time of taxation obligations,Taxation of executive salary can have two ways。First, the cash-base is based on the cash-based principle (Cash-Based),That is, the executives will only pay taxes when they really receive salary income。Second, the measurement of the principle of power and responsibility based on the principle of control and responsibility,That is, from the date of effectiveness of the salary contract,executives must pay taxes at the fair value of the salary market at the system of salary market。

Generally speaking,Under the tax system based on the principle of cash receipts,The cash part of the executive salary is now available。and the premium incentive of the salary of executives does not constitute the current income,Evil and liquidity constraints,Its tax obligations usually occur at the time of the realization of equity,thus generating tax delay。Compared to cash salary,The tax delay of stock options can enable senior executives to obtain higher after -tax investment returns,So as to generate comprehensive tax advantages。

In recent years,In the salary practice of executives Bet365 app download of listed companies in the United States,Supplementary Pension Plan (NQDC) is becoming increasingly prevalent,An important component of the salary of corporate executives。But since the beginning of the 21st century,After the financial scandal of the company and other companies in the United States,These & ldquo; problem companies & rdquo; executives rush to cash with huge NQDC in advance before the company bankruptcy,Aroused public anger and the attention of Congress。2004,The "U.S. Employment Creation Act" promulgated by the US Congress has added the "Tax Code" to the Taxation Code,NQDC on the executive of listed companies is delayed、Fund raising and income payment have made strict regulations。For compliance NQDC,It will continue to be converted in accordance with the principle of cash collection and payment。For non -compliance NQDC,,To eliminate the tax saving benefits brought by the delay to the executives。

 4. Require additional tax

In practice,Government regulatory departments often issue additional taxes on part of the salary of unreasonable executives,to curb the unreasonable growth of executive salary。Take the United States as an example,Its Tax Code 4999 provisions,The golden parachute plan of the listed company is planned to exceed three times the basic salary of senior executives,executives need to pay 20%additional tax; its provisions of bet365 best casino games the 409 (a) terms,For non -compliance NQDC,Enterprise executives must also pay 20%of additional taxes for taxable salary。

After the outbreak of the international financial crisis in 2008,The theoretical and practical circles are generally considered,Bonus -based bonuses based on short -term performance,It has promoted short -termism and excessive adventure of financial institution management decision -making。To curb the flood of short -term performance bonuses,The British Ministry of Finance decided to commercial banks from December 2009 to April 2010、Mortgage banks and investment banks such as financial institutions exceeded 25,000 pounds of £ 50%to levy 50%additional tax。France stipulates in 2010,The prize money obtained by the executives of financial institutions exceeds 27,500 euros.。Italy for May 2010 Regulations,Employees of financial institutions have variable salary for more than three times fixed salary.。Greece and Ireland and other countries have also made similar regulations。

(Author Unit: Shanghai Campus of Nanjing School of Political Science)

  

Editor in charge: Wu Yong
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