Negative liquidation preference in connection with employee participation programs

Participation programs are an important instrument in the start-up world to attract and motivate qualified employees. The underpriced or free of charge granting of a shareholding to employees can basically lead to a taxable non-cash benefit (“Sachbezug”). In this context, the agreement of a negative liquidation preference could be considered. The relating tax consequences in connection with the agreement of a negative liquidation preference are discussed below.

von Christoph Puchner und David Gloser

• zum Beitrag auf aaia.at