Taxation of employees’ stock option plans

Many firms use the employees' stock option plans ("ESOP") as a way of remuneration for their employees either in the form of company options or stocks. This field has been changed significantly in the recent years, and other changes are on the horizon. Let us summarise them.
During the last two years, two amendments to the Income Tax Act have changed this area. The first amendment was effective from 1 January 2024 and the second from 1 April 2025. Further, another amendment is underway which should become effective from 1 January 2026. It is already in the Senate, and it should be debated in the end of August.
Before 31 December 2023, the date of exercise of options and acquisition of stocks for a lower price than the market price was considered as the date of taxation of income from dependent activity. When the costs were recharged in the Czech employer's accounting after the acquisition from the-usually-foreign parent company, the employer were subject to income tax deposit, social security and health insurance contributions.
During the period 1 January 2024 - 31 March 2025, there was a chance to postpone the taxation till the date when the stocks/options were sold, without the obligation to report this to a financial authority. Still, the acquisition was considered income from dependent activities when recharged in the Czech employer's accounting and thus subject to social security and health insurance contributions.
From 1 April 2025, an amendment to taxation of employees' stock and option plans came into effect. According to the amendment, the date of taxation is set back to the moment of exercising options and acquisition of stocks unless the employer submits a notice about deferred taxation which should be submitted within 20 days of the following month. There is a choice. Since 2025, we actually returned to the original system that was effective before 2023.
The planned amendment, that is supposed to be valid from 1 January 2026, adds another tax alternative to the existing schemes, meant mainly for middle sized and small firms (the start-ups). According to the amendment, the size of the employer who can use this tax alternative to ESOP is limited to the annual turnover of CZK 2.5 billion and the asset size of CZK 2 billion. This also applies to small firms that are a part of a consolidated group, and the group is over the limits. In this tax variant, the taxation occurs in the moment of sale of options/stocks, and the income will be taxed as the other income where the social security and health insurance contributions are not withheld.
Does your firm use option plans? Maybe you should check them out and use the advantages that the amendment to the act brings.