The first tax authority guidance on the tax consequences of hurdle/growth shares
Employee share ownership & payroll tax
In a notice issued on 28/05/2026 (S 2332.1.1-29/4 St36) the Bavarian Tax Office addressed the payroll tax treatment of employee-owned shares subject to a liquidation preference – hurdle or growth shares, as they are known. The notice is of particular relevance to start-ups, growth companies and private equity structures. It clarifies that hurdle or growth shares do not automatically result in employment income. What is crucial is instead how the shares are actually structured, valued, validly implemented under company law, and how the ownership model is actually vested.
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4 min read
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22 Jun 2026