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Supreme Administrative Court: income from employee stock options taxable upon exercise

25 July 2012

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Approved Changes

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Czech Republic

In a recently published decision, dated 30 January 2012 (No. 2 Afs 58/2011-67), the Supreme Administrative Court confirmed that any taxable income from employee stock option arises at the exercise, rather than upon grant or vesting, of the option. Legal background The Czech tax law does not contain any specific provisions in respect of employee stock option plans. Accordingly, only general provisions apply, often resulting in interpretational issues. Under the general rules, employees are subject to individual income tax at the time they receive any valuable cash or in-kind benefit in relation to their employment; the valuation of in-kind benefits...