벤처기업의 핵심인력 확보를 지원하기 위한 주식매수선택권 과세제도 등의 개선방안 연구

Stock option is a type of special performance compensation that encourages executives and employees to work and contribute to the company, and allows the company to share in stock price gains as the company grows by promoting technological innovation and productivity betterment by securing excellent human resources. The Corporate Tax Act restrictively allows corporations that grant stock options to include the exercise losses in deductible expenses. Such restrictions can greatly discourage venture companies from granting stock options to executives and employees. For venture companies, it is necessary to expand the scope of recognition of deductible expenses to the scope of granting stock options permitted by the Act on Special Measures for the Promotion of Venture Businesses. In addition, Act on Restriction on Special Cases Concerning Taxation does not permit the deduction of the exercise losses for venture companies in cases where income tax is not levied on exercise profits generated by exercising qualified stock options. It is necessary to recognize the inclusion of the exercise losses for the venture company in deductible expenses. The Act on Restriction on Special Cases Concerning Taxation provides for special tax exemptions for exercise profits earned by executives and employees of venture companies by exercising stock options granted to them. It is necessary to expand the subject to include not only executives and employees but also those who have the expertise required by venture companies. In addition, the Act on Restriction on Special Cases Concerning Taxation provides for a special payment provision that allows executives and employees of venture companies to pay income tax on exercise profits in installments over five years. Likewise, it is necessary to expand the subject to include not only executives and employees but also those who possess the expertise required by venture companies. Lastly, the market price of stocks related to the granting or exercise of stock options must be based on 'fair value' evaluated according to the evaluation principles of the Commercial Act. Therefore, even if there is a provision allowing the use of the stock valuation method under the Inheritance Tax And Gift Tax Act, it should contain the meaning that it can be applied as an exception.