In its judgment of 3 March 2026 (case No II FSK 752\/23), the Supreme Administrative Court held that the gratuitous transfer of shares to a participant under an incentive scheme does not give rise to taxable income.<\/p>\n
The court emphasised that a contrary approach would result in the taxation of value not yet actually received by the taxpayer. The mere receipt of shares does not constitute a real economic benefit; income may arise only upon their disposal.<\/p>\n
This is another judgment concerning incentive schemes to which Article 24 section 11 of the PIT Act does not apply. This provision \u2013 where specific conditions are met \u2013 allows for the deferral of taxation from the moment of acquiring shares until they are sold. If this provision did not apply, income would theoretically arise upon receipt of shares. However, the Court has repeatedly held otherwise, indicating that income arises only upon disposal.<\/p>\n
It should be noted, however, that, although the SAC\u2019s case law is becoming increasingly consistent and taxpayer-friendly, the interpretative practice of the Head of the National Revenue Administration remains significantly more restrictive.<\/p>\n
Therefore, before adopting the approach reflected in the SAC\u2019s case law, it is advisable to conduct a detailed analysis of the specific incentive scheme, including the rules for share allocation, restrictions on disposal and the employer\u2019s role in the scheme. Only such an analysis will allow an accurate assessment of whether the proposed tax treatment is secure.<\/p>\n
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