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What conditions should a company's equity incentive meet in order to enjoy the deferred tax policy?
According to the Notice of State Taxation Administration of The People's Republic of China of the Ministry of Finance on Improving the Income Tax Policy for Equity Incentive and Technology Share (Caishui [2065 438+06] 10 1No.), deferred tax policy is implemented for eligible unlisted companies' stock options, equity options, restricted stocks and equity incentives. Equity incentives of unlisted companies enjoying deferred tax policy (including stock options, stock options, restricted stocks and equity incentives, the same below) must meet the following conditions at the same time:

(1) Equity incentive plan for domestic resident enterprises.

(II) The equity incentive plan was reviewed and approved by the board of directors and shareholders' (general) meeting of the company. State-owned units without a shareholders' (general) meeting shall be examined and approved by the higher authorities. The equity incentive plan shall specify the incentive purpose, object, target, validity period, methods for determining various prices, conditions and procedures for the incentive object to obtain rights and interests, etc.

(3) The incentive object shall be the company equity of domestic resident enterprises. The object of equity reward can be the equity obtained by technological achievements investing in other domestic resident enterprises. The stock (right) of the incentive object includes the stock (right) granted to the incentive object through additional issuance, direct transfer by major shareholders and other reasonable ways permitted by laws and regulations.

(4) The incentive targets shall be the technical backbones and senior managers decided by the board of directors or shareholders' (general) meeting of the company, and the cumulative number of incentive targets shall not exceed 30% of the average number of employees in the company in the last six months.

(5) The stock (option) shall be held for 3 years from the date of grant and 1 year from the date of discretion; The restricted shares shall be held for 3 years from the date of grant and 1 year after the lifting of the ban; The equity award shall be held for 3 years from the date of receiving the award. The above time conditions shall be stipulated in the equity incentive plan.

(6) The time from the stock (option) grant date to the exercise date shall not exceed 65,438+00 years.

(7) The industries of the companies that implement equity incentives and the companies that reward equity targets are not within the scope of the Catalogue of Industries Restricted by Preferential Tax Policies for Equity Incentives (see Annex). The company's industry is determined according to the industry with the highest proportion of the company's main business income in the previous tax year.