Introduction
Request a later election for the discount on shares, stapled securities or rights acquired under an ESS.
On this page
How to complete your request to allow a later election for the discount to be assessed when you acquire shares or rights.
This information only applies to shares or rights acquired before 1 July 2009.
Download a copy of the Request to allow a later election (NAT 73223 PDF, 173KB)This link will download a file
When to use this form
You should complete this form if:
- you have acquired qualifying shares or rights under an employee share scheme
- you want to be assessed on the discount you received on your qualifying shares or rights in the same year you acquired them
- you have already lodged your tax return for the relevant income year without making an election to have the discount assessed upfront
- the request relates to the 2008-09 or earlier income years.
You can also use this form for qualifying stapled securities. When we say:
- shares - we also mean stapled securities
- rights - we also mean rights to acquire a stapled security.
Why you must complete this form
Under income tax law, if you acquire shares, or rights to acquire shares under an employee share scheme, you must include the discount you receive on those shares or rights as part of your assessable income.
If the shares or rights meet certain qualifying conditions (see section 139CD of the Income Tax Assessment Act 1936), you can be assessed on the discount you received on those shares or rights using either of the following methods:
- by electing to be assessed upfront in the income year you acquire the shares or rights
- by being assessed at a later time, such as when you sell the shares, exercise the rights or cease employment.
If you wish to be assessed upfront on shares or rights you acquired during the 2008-09 income year, you must have both:
- made the election in your tax return
- included the discount as part of your assessable income.
If you did not do both of these, the discount will be assessed at a later time.
For earlier income years, you must have made your election in the approved form - refer to Taxation Determination TD 97/23. You must also have:
- made your election before you lodged your tax return for the relevant income year
- kept a record of your election with your tax records.
In limited circumstances, we may allow you to make an election for the 2008-09 or earlier years after you have lodged your tax return. By completing this form, you are asking us to allow you to make a later election.
Amendment period
There are time limits for amending your tax returns. For most people, the time limit for amending your tax returns is two years from the day we issue your notice of assessment for that year. For some people, the period is four years.
If the time limit for amending your tax return has passed, you may still be able to have your request to make a later election considered but you will need to lodge an objection against your assessment for the relevant year. You will need to request an extension of time when you lodge your objection.
Section A: Your details
Provide your personal details so we can contact you about your request.
Section B: Details of your request
Question 5
Provide the requested information about all the qualifying shares or rights you acquired during the income year. If you acquired more than one parcel of qualifying shares or rights during the income year, you will need to provide the information separately for each parcel.
If you acquired more than two parcels of qualifying shares or rights in the year, or if you need more space to answer question 5, provide the additional information on a separate piece of paper.
At question 5(c), you must include the date you acquired the qualifying shares or rights.
Remember, the date shares or rights are granted or issued to you may not be when you acquire the shares or rights. Under income tax law, you have acquired a share or right when any of the following occur:
- when the share or right is transferred to you, other than by a share issue
- in the case of a share, when the share is issued or allotted to you
- in the case of a right, when your employer creates a right to acquire a share in you
- when you otherwise acquire a legal interest in the share or right
- when you acquire a beneficial interest in the share or right.
Working out when the right to acquire shares has been created in you
Working out when the right to acquire a share has been created in you by your employer depends on the facts of each case. Generally, your right to acquire shares has been created in you when either of the following occurs:
- you enter into a separate contract with your employer
- you accept an offer you received under an employee share scheme.
If your rights to acquire shares are subject to shareholder approval, you will not acquire the rights under income tax law until shareholder approval is given.
If your employer retains the right to decide whether you ultimately receive shares or a cash equivalent, you will not acquire the rights under income tax law until your employer decides that your rights will be satisfied by shares and not cash.
Working out the market value of your shares or rights
To work out the market value of the shares or rights on the date you acquired them (question 5(e)), you will need to consider the market valuation rules in Division 13A of the Income Tax Assessment Act 1936. These rules provide various methods of working out the market value of shares or rights depending on whether they are listed on an approved stock exchange.
When you work out how much was paid or given to acquire the shares or rights (question 5(f)), do not include any amount you salary sacrificed to acquire them.
Question 6
Explain why you are requesting a later election - that is, why you did not make an election either in your tax return or before lodging your tax return for the relevant year. If there has been a time delay between lodging your tax return and your request to make a later election, you must also provide reasons for the delay.
Question 7
Specify the income year for which you want to make an election. If your request is for the 2008-09 income year, enter X in the first box and go to question 8.
If your request is to allow a later election for the 2007-08 income year or an earlier income year, enter X at the second box and write the year the request applies to, then go to question 9.
If you wish to make a request for more than one income year, you must use a separate form for each year.
This form does not apply to the 2009-10 income year or later income years.
Question 8
You must complete this question if you want to make an election for the 2008-09 income year. Your election must cover all qualifying shares or rights you acquired during the income year.
Enter X in the box next to 'Yes' and tell us the total of your assessable discount in the space provided.
By putting an X in the 'Yes' box and telling us your assessable discount, you are also requesting us to amend your 2008-09 income tax return to include your assessable discount if your request is allowed.
If you need to request any other amendments that relate to making your election, provide details in the space provided.
To work out the discount, use the market value of the shares or rights at the time you acquired them, and reduce it by the amount you paid or gave to acquire the shares or rights, not including any amount you salary sacrificed.
Question 9
You must complete this question if you want to make an election for the 2007-08 income year or an earlier income year. To indicate you wish to make an election in the approved form for the relevant income year, enter X in the box next to 'Yes'. You must also include the amount of your assessable discount in the space provided.
If your later election request is allowed, you must make your election for the 2007-08 income year and earlier years in the approved form - refer to Taxation Determination TD 97/23. Do not send your completed election to us.
If you need to amend your tax return, enter X in the box next to 'Yes' and provide details of the amendments you need to make in the space provided.
If you do not need to amend your return, enter X in the box next to 'No' and provide details of why you do not need to make an amendment in the space provided.
Completing question 8 or 9 does not guarantee we will allow you to make a later election. We will still need to consider the circumstances that led to you not making your election either in your tax return or before lodging your tax return.
If we do allow you to make a later election, we will use the information you have provided to amend your tax return - you will not have to lodge a separate amendment request.
Section C: Declaration
Read the declaration. If it is correct, print your full name then sign and date it.
Send your completed form and any supporting documents:
Micro Enterprises and Individuals - Interpretive Assistance
PO Box 1130
Penrith NSW 2740
Keep a copy of this form and copies of any supporting documents for your records.
More information
For more information about employee share schemes:
Request a later election for the discount on shares, stapled securities or rights acquired under an ESS. Last modified: 14 Sep 2016QC 22212