RS/RSU
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Taxation of Employee - RS/RSU

A tax deferral until sale may be available if issuer is based in a country which has a tax treaty with Poland and awards made based on shareholder resolution.

If tax deferral does not apply, tax due at exercise on the spread, and later tax due at sale on additional gain.

Sub Deduction - RS/RSU
Likely allowed if subsidiary reimburses parent pursuant to a written agreement, but this may cause income to be considered as arising from employment relationship triggering tax withholding, reporting and social insurance obligations if tax deferral does not apply.
Withholding and Reporting - RS/RSU

Income Tax:

No, unless tax deferral does not apply and the income realized is considered to arise from the employment relationship.

Social Insurance Contributions:

Social insurance contributions likely are not due at purchase, unless tax deferral does not apply and the income realized is considered to arise from the employment relationship.

Securities Restrictions - RS/RSU

No securities law restrictions or obligations apply.

Non-transferable free offers of RS/RSU are not considered a public offering of securities for purposes of the EU Prospectus Regulation.

Exchange Controls - RS/RSU
Minor employee reporting requirements apply.
Plan Entitlement - RS/RSU

No, provided right to terminate plan is reserved in writing

Discrimination against part-time employees is generally prohibited.

The EU Council Directive 2000/78/EC covers age discrimination. Most, if not all, countries have adopted local rules implementing this Directive, which may have an impact on design of equity and other incentive plans in the EU, particularly on age or age and service provisions which give different treatment (e.g., accelerated or continued vesting) for those meeting the criteria.

Data Privacy - RS/RSU

A valid basis is required to collect, process and transfer personal data.

The EU Data Protection Regulation ("GDPR") became effective in all EU/EEA countries on 25 May 2018. It introduces new requirements and increases the powers of data protection authorities, rights of data subjects and potential penalties for non-compliance.

Accordingly, companies should review their approach to data privacy compliance in the context of equity plan administration and consider on which basis they may be able to rely to collect, process and transfer data.

Registration and notification requirements with local data privacy authorities may also apply.