STVR typically rewards performance over a single year of the company's annual business plan. For many years it was paid entirely in cash, which promoted short-termism at the expense of the company's longer-term benefit. Here we look at future best practice, including how deferring STVR can support long term alignment, equity holding policy requirements, and “skin in the game”.
In the 2021 Federal Budget, it was announced that for ESS taxing purposes, termination of employment will not be a taxing trigger point for grants made on or after 1 July 2022. This small change will significantly affect the design of rights plans relating to LTVR, STVR deferral and retention programs.
It's a common misconception that capital gains tax (CGT) treatment produces a better outcome than the tax deferral through an Employee Share Scheme. Using worked examples, here we demonstrate that ESS tax can produce an outcome equivalent to an effective CGT rate of nil/0%.
During 2020 there was heightened public debate about instances of remuneration practices that did not seem to be reasonable and did not meet the requirements for shareholder approval. This responsibility rests with the Board – and breaches can lead not just to reputational damage but fines and disqualifications.
It is difficult to stay on top of all the rules, regulations and guidelines that need to be understood to effectively govern/oversee KMP remuneration. GRG’s complimentary Remuneration Committee Companion is designed to help you stay ahead of these issues and avoid the pitfalls.
Recent government legislation and regulations support succession planning by unlisted companies with the transfer of equity from existing owners to employees over time. Understanding these provisions and the methods of implementation allows a successful ownership transition without expensive external financing options.
Our 2020 GRG Variable Remuneration Guide analysed the short and long term variable remuneration designs and practices of companies in the ASX200. Unfortunately their practices do not always reflect the good governance and modern approaches to variable remuneration that we would expect from Australia's largest corporations. However recent encouraging signs include a rapid rise in the use of financial return metrics and the abandonment of SIPs.
The current COVID-19 pandemic and economic crisis have generated questions about FY20 STVR awards both in the media and for the current AGM season. Should STVR awards be paid? Should the quantum of STVR awards otherwise payable be moderated? How can companies that received government-funded JobKeeper payments still be paying executives bonuses? The logical answers can be derived from a review of the fundamental principles that should drive all STVR awards regardless of external circumstances.
While ASX listed companies have access to publicly disclosed KMP remuneration data, using it can be a burden so most rely on the proprietary databases of consultants such as GRG. However, not all databases are equal and it's important to understand the differences so that you can have confidence in the data.
Since 2015 unlisted start-up companies have been able to access a specific tax concession for employee share schemes. Employees and directors of ASX listed Micro Resources Companies can also qualify for tax deferral on rights and options in their remuneration packages. The same provision can also apply to other small ASX listed companies in industry sectors such as technology and medical, during development stages.
GRG is a consulting firm that exclusively advises employers on employee pay and incentives for non-executive directors, top executive directors and other employees. GRG does not provide personal financial product advice and does not advise individuals or consumers of investment advice or the management of financial products such as shares or interests in superannuation funds or managed investment schemes.