Employee share schemes - supporting document and information requirements for private rulings

This page lists the documents and information we usually need to process private rulings about the subject displayed.

Send the following documents and information with your private ruling application form.

• Full details of your employee share scheme (ESS) shares, stapled securities or rights to acquire ESS interests including:
• the date of acquisition
• the market value at the time they were acquired
• the purchase price paid to acquire them (including payment dates)
• the number acquired and class or type of shares
• the names of the employee share scheme and entity that issued the ESS interests.
• If you paid any consideration, was this amount less than their market value at the time of acquisition?
• Were rights sold or were they exercised and shares acquired through the exercise of the rights?
• If applicable, what were the proceeds received for disposing of the ESS interests and what was the date of disposal?
• Supply statements and information provided by your employer on the operation of the ESS.
• Supply a copy of the relevant employee share plan.
• Tell us the type of plan - whether it is taxed upfront or deferred.
• Are you still employed by the company? If not, when did that employment cease?
• Provide any other information you believe is relevant relating to your ESS.

If your private ruling relates to ESS interests that were acquired before 1 July 2009, the following additional information is required:

• Are the ESS interests qualifying (as per former Section 139CD of the Income Tax Assessment Act 1936)?
• Was an election made before the lodgment of the income tax return for the year the ESS interests were acquired?
• your private ruling relates to foreign services, the following additional information is required:
• What periods you were overseas?
• To what extent does your foreign service relate to earning the ESS interest?