Proposal for Amendments to the Income Tax Act and the Ordinance on Income Tax Pursuant to AmCham's Proposal for Treatment of Employee Share Plans
Proposal for Amendments to the Income Tax Act and the Ordinance on Income Tax Pursuant to AmCham's Proposal for Treatment of Employee Share Plans
In 2017, AmCham proposed amendments to the Income Tax Act and its Bylaw to ensure more favorable taxation of income from employee share plans. The key proposals include:
- a unified tax treatment for all participants in share plans, regardless of their status or whether the shares are publicly listed,
- classification of share plan income as capital income,
- a reduced tax rate of 12% instead of 24%,
- the value of granted shares considered as gross income (including tax and surtax),
- no social contributions obligation since it falls under capital income.
These changes would reduce the effective tax rate to 14.16% (including surtax) instead of the significantly higher current rates, thereby encouraging broader participation in share plans. Implementation requires amendments to both the Income Tax Act and the Income Tax Bylaw.