アメリカにおける役員報酬の税務評価
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概要
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The purpose of this paper is to propose amendments to Japanese rules for corporate tax calculations regarding executive officers' performance-based compensation, based on a comparison with tax regulations in the USA. The main issue considered here is that the amount of bonus paid to executive officers is not included as expenses under the Japanese Corporate Taxation Law, Article 35. The existence of this article (100% exclusion from expenses of bonuses and the like paid to executive officers) is the highest barrier to encouraging Japanese companies to provide attractive performance-based packages to compensate executive officers, because of the inclusion of such payments in assessing corporate taxation. The most essential proposal here is to repeal Article 35. The U.S. tax case "Elliotts, Inc. v. Commissioner" includes the Elliotts's five factors test and the hypothetical independent investor test, which are very effective for evaluating the suitability of executive officers' compensation. It is emphasized, consequently, that these two tests should be incorporated into Japanese tax regulations. The second point is that a new formula is required to calculate executive officers' retirement allowance. The question of how to establish an optimal formula for this is still open, so a new formulation is proposed based on the Golden Parachute Payments tax regulations in the U.S. (Internal Revenue Code Sec.280G). That is, the executive officer's three-year average annual compensation × 3 = Reasonable Retirement Allowance = the amount included in company expenses (i.e. excluded from taxation). In concluding, it is noted that repealing Article 35 and changing the accompanying Article 34 (Exclusion from Expenses of Excess Compensation of Executive Officers) and Article 36 (Exclusion from Expenses of Excess Retirement Allowance for Executive Officers) are required to arrive at a more appropriate way to calculate executive officers' performance-based compensation.
- 東北文化学園大学の論文
- 2002-03-30