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Jap. 1 JAPAN

Jap. 1 JAPAN Benefits from stock option regarded as a part of salary ― taxing profits on stock option as salary income under Income Tax Act HEADNOTES Facts The plaintiff was a President of the Japanese unit of Applied Materials Inc. whose head quarter was located in USA from January 1995 to January 1997. U.S. chip maker Applied Materials Inc. had a rule to give the right of stock option to certain executive members of board and hard workers. The right of stock option can be exercised only for ten years when they could get it. The right cannot be granted to other persons. They must work at the company for at least 6 months if they are granted the right of stock option. When they would retire, they can exercise the right for only 15 days after their retirement. And the right can be exercised by only them during their lives. The plaintiff was given the right of stock option under the above-mentioned rule. The plaintiff exercised his right from 1996 to 1998. He could get profits: 40594875 yen in 1996, 155228062 yen in 1997 and 163720875 yen in 1998. He reported the profits as occasional income under the Income http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

Jap. 1 JAPAN

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160205X00173
Publisher site
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Abstract

Benefits from stock option regarded as a part of salary ― taxing profits on stock option as salary income under Income Tax Act HEADNOTES Facts The plaintiff was a President of the Japanese unit of Applied Materials Inc. whose head quarter was located in USA from January 1995 to January 1997. U.S. chip maker Applied Materials Inc. had a rule to give the right of stock option to certain executive members of board and hard workers. The right of stock option can be exercised only for ten years when they could get it. The right cannot be granted to other persons. They must work at the company for at least 6 months if they are granted the right of stock option. When they would retire, they can exercise the right for only 15 days after their retirement. And the right can be exercised by only them during their lives. The plaintiff was given the right of stock option under the above-mentioned rule. The plaintiff exercised his right from 1996 to 1998. He could get profits: 40594875 yen in 1996, 155228062 yen in 1997 and 163720875 yen in 1998. He reported the profits as occasional income under the Income

Journal

International Labour Law Reports Online – Brill

Published: Jan 1, 2004

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