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Tesla is reportedly under investigation by the DOJ and SEC over it's mysterious 'Project 42'
(www.businessinsider.com)
This is a most excellent place for technology news and articles.
Got it in two. Both, per the article:
Elon doesn't own all of Tesla. It's a publicly traded company whose shares are held by millions(?) of people. The board and CEO are generally required to act in those owners' best interests, not their own. They have leeway, but building the CEO a house is a lot closer to embezzlement (taking company funds for personal gain) than say a PR stunt. Board/CEO remuneration is fairly carefully controlled to avoid this kind of thing.
As for tax, it looks like the US is a bit more lax with fringe benefit tax than other jurisdictions, but it could nonetheless apply.
So if he were to give himself a bonus and use that money to build the house would it still be illegal? Genuinely asking
No CEO of a public company has the power to just "give himself a bonus" if the sum is to be any more than pocket money. The board has to approve it.
The board would need to approve of that bonus, and in turn the board is accountable to shareholders. If a CEO starts using a public company as a personal piggy bank, shareholders have grounds to sue.