Employee share scheme - guide for employers

Reporting to employees

You must give your employee an ESS statement if:

• they (or their associates) have acquired ESS interests under a taxed-upfront ESS at a discount during the income year
• a deferred taxing point for ESS interests acquired under a tax-deferred ESS (or a cessation time for shares and rights acquired before 1 July 2009) has arisen or could have arisen in the income year.

You must provide the ESS statement to your employee by 14 July, after the end of the income year. The ESS statement will help your employee complete their tax return.

The information you must provide on the ESS statement includes, but is not limited to, the following:

• the discount for ESS interests acquired under each type of taxed-upfront scheme
• the discount for ESS interests acquired under a tax-deferred scheme that a taxing point arose during the income year
• the discount for shares and rights acquired before 1 July 2009 that a cessation time occurred during the income year
• the total TFN amount withheld from discounts during the income year.

For a copy of the ESS statement, refer to Employee share scheme statement.

When determining and reporting the discount at the deferred taxing point to your employee, you must take account of the 30-day rule if you know that the ESS interests were disposed of by your employee.

Sections within Employer obligations

• TFN withholding (ESS)
• Reporting requirements
• Reporting to employees
• Reporting amendments to your employee
• Reporting to us
• Reporting amendments to us