Research On Tax Law Of ESOP Of Listed Companies In China

ESOP is a widely used and unique way of equity incentive,which can coordinate labor relations and improve the cohesion of the company.As far as the development of ESOP in China is concerned,due to its short implementation time,new mode and irregular system,it is difficult to achieve the desired effect.Until 2014,the guidance on the pilot implementation of ESOP by listed companies officially issued by CSRC revised and supplemented relevant regulations,and Chinese enterprises renewed their confidence in the implementation of ESOP.In the aspect of academic research,most of the literatures are trying to discuss the implementation mode,application effect and positive influence of ESOP,the enlightenment brought by the comparison between China and foreign countries,and the improvement of legal system,etc.However,the literatures that put forward improvement opinions on the operation of ESOP are extremely scarce from the starting point of solving tax legal problems;in the aspect of practical application,the tax burden brings The problems are often ignored by most of the listed companies,and become an invisible obstacle to reduce the implementation cost of ESOP.Based on this,this paper starts from the tax legal problems encountered in the implementation of ESOP in listed companies,and takes the legal provisions and practice of ESOP in listedcompanies as two main research aspects.Through reading and sorting out the ESOP(Draft)of about 530 listed companies,it sums up the differences between the ESOP funds and stocks in listed companies Under the source mode,the relevant provisions are not perfect,multiple taxation affects the incentive effect,the invested funds cannot be deducted before tax to increase the tax cost,there are many loopholes in the relevant tax legal system,lack of support for tax preferential policies,violation of the principle of tax fairness and other tax legal issues.At the same time,the advanced tax policies and concepts of the United States and France are used for reference,and the improvement is put forward The five suggestions are as follows: relevant laws and regulations on employee stock ownership of listed companies,promoting the establishment of a complete tax preferential legal system,establishing a perfect legal regulation on the entry and exit of employee stock ownership plans,making it clear that the implementation of employee stock ownership plans should follow the basic principles of tax law,and controlling from the source to promote the healthy development of employee stock ownership plans of listed companies,which are helpful to the awareness of Listed Companies in China To the importance of tax cost to the operation of enterprises and to encourage the improvement of our tax system and tax preferential policies play a positive role in guiding.The innovation of this paper is as follows: firstly,it distinguishes and compares the ESOP with the equity incentive,which makes the characteristics of ESOP clearer;secondly,it makes full use of the collection of data,through reading and sorting out the ESOP(Draft)of about 530 listed companies and combining with charts,it is more accurate Understand the actual situation;thirdly,analyze the relevant tax legal issues according to the different capital and stock source methods adopted by different listed companies,fit the actual cases,and analyze the specific issues;fourthly,put forward targeted proposals for the sustainable development of employee stock holding system in China from the relevant legal aspects of tax.