Options "in the money" or certain benefit
If the option is quoted, the taxable benefit is calculated on the basis of its closing price on the day immediately preceding the offer date. Reduced rate The above percentages can be reduced by half, if certain conditions are met:. If an option is in the money, the taxable benefit, calculated using the formula indicated above, will be increased by the amount of the discount. In principle, Belgium does not tax capital gains, realised by private persons, on the sale of shares, if the sale comes.
In case stock options were granted by a foreign based group company, the Belgian employing entity whose employees received and accepted the stock option offer must report the benefit on the annual tax form as well. Payroll taxes are only to be withheld in such case insofar the Belgian employing entity intervened in the stock option grant. Under the Royal Decree of October 5, , taxable benefits derived from stock options granted to employees, are generally exempt from Belgian social security charges.
What are the Tax Implications of Options Trading?
Social security will nevertheless be due if:. Stock options granted to self-employed Directors will trigger self-employed scale social security contributions, unless their other income equals or exceeds the ceiling up till which self-employed social security contributions are due. Gunther Valkenborg is counsel to our Brussels office. His main focus is on employment and benefits and international mobility of employees. Tax aspects Definition of stock options A stock option is defined as " the right to purchase, during a fixed period, a fixed amount of shares, at a fixed price ".
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Taxable moment The benefit resulting from stock options, granted in the context of a professional relationship, is taxable at the moment of grant , irrespective of whether the options are conditional or not. Taxable benefit If a beneficiary validly accepts the offer, within 60 days of the offer date, the amount of the taxable benefit will depend on whether the option is quoted on a stock exchange. In case stock options were granted by a foreign based group company, the Belgian employing entity whose employees received and accepted the stock option offer must report the benefit on the annual tax form as well.
Payroll taxes are only to be withheld in such case insofar the Belgian employing entity intervened in the stock option grant. Under the Royal Decree of October 5, , taxable benefits derived from stock options granted to employees, are generally exempt from Belgian social security charges.
Tax Terminology
Social security will nevertheless be due if:. Stock options granted to self-employed Directors will trigger self-employed scale social security contributions, unless their other income equals or exceeds the ceiling up till which self-employed social security contributions are due. Gunther Valkenborg is counsel to our Brussels office.
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His main focus is on employment and benefits and international mobility of employees. Tax aspects Definition of stock options A stock option is defined as " the right to purchase, during a fixed period, a fixed amount of shares, at a fixed price ". Taxable moment The benefit resulting from stock options, granted in the context of a professional relationship, is taxable at the moment of grant , irrespective of whether the options are conditional or not.
Taxable benefit If a beneficiary validly accepts the offer, within 60 days of the offer date, the amount of the taxable benefit will depend on whether the option is quoted on a stock exchange. Reduced rate The above percentages can be reduced by half, if certain conditions are met: the option is not exercisable for the first three calendar years after the calendar year in which it was granted or after the tenth calendar from the year of grant; the exercise price is definitively fixed at the moment of grant; the option is not transferable except upon the death of the option holder ; the option holder is not compensated either directly or indirectly by the granting company or by an affiliated company for any loss or lack of gain on the exercise of the option; and the option relates to shares of the company employing the beneficiary or any grand parent company of that company.
Derivatives with Tax Benefits: Five Tax Options for T - Ticker Tape
Social Security aspects Stock options granted to employees Under the Royal Decree of October 5, , taxable benefits derived from stock options granted to employees, are generally exempt from Belgian social security charges. Stock options granted to non-employees Stock options granted to self-employed Directors will trigger self-employed scale social security contributions, unless their other income equals or exceeds the ceiling up till which self-employed social security contributions are due.
Issuance of a circular on interest deduction limitation rule.