Employee Stock Ownership
Until January 1, 2024, employee stock ownership plans were largely limited to stock corporations, as implementing them in limited liability companies (GmbHs) involved considerable effort and required employees to have a say in company matters. With the introduction of non-voting corporate value shares in the flexible corporation, there is now an instrument that is particularly well-suited for issuance to employees. In this context, it is also important to note a tax change: Previously, equity shares issued to employees were immediately subject to taxation at the employee level—regardless of whether the employees subsequently sold the shares. As a result, employees might have had to pay taxes without simultaneously receiving any cash proceeds from the sale of the shares. In the case of the transfer of shares to employees of “startups” (as defined in more detail in the law) without consideration, it is now provided that taxation will not occur immediately, but only upon the occurrence of certain circumstances (in particular, upon the sale of the shares by the employee). In addition, taxation is applied on a flat-rate basis to 75% of the value, at a fixed rate of 27.5%. The remaining 25% is taxed at the regular rate.
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