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  • Employee share schemes – supporting information

    Here's a list of the documents and information we usually need to process a private ruling request or objection about whether tax concessions apply to your employee share scheme interests. If you provide supporting information this will reduce the time it takes for us to process your request.

    If you want to apply for a private ruling about an employee share scheme, you need to:

    • complete and submit the relevant private ruling application form (for tax professionals or not for tax professionals)
    • provide the supporting information listed below.

    If you want to lodge an objection about an employee share scheme, you need to:

    • complete and submit the relevant objection form (for taxpayers or tax professionals)
    • provide the supporting information listed below.

    Note: Check first whether your question is answered on our website.

    See also:

    Supporting information

    Note: If you've previously provided us with any of the information listed below, you don't need to provide it again.

    The information we need for a private ruling or objection about an employee share scheme includes:

    • details of your employee share scheme (ESS) shares, stapled securities or rights to acquire ESS interests including  
      • the date you acquired them
      • 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
       
    • whether you sold or exercised any rights under the ESS, and if so, details
    • if you disposed of any ESS interests, the date of disposal and the proceeds you received
    • a copy of your employee share scheme statement including any supporting information provided with it
    • any other statements and information provided by your employer on the operation of the ESS
    • a copy of the relevant employee share plan
    • the type of plan – whether it is a taxed-upfront scheme or tax-deferred scheme or your ESS interests qualified for the start-up concession
    • whether you are still employed by the company, and if not, when that employment ceased
    • any other relevant information in relation to your ESS.

    Foreign services

    If your ESS interest relates to a period of foreign service, you should also provide details about:

    • any changes to your residency for tax purposes
    • the periods you were physically overseas and which country you were in during each period
    • the extent to which your foreign service relates to earning the ESS interest including the basis of your calculation
    • any amounts of foreign tax paid in relation to the ESS interest and how it was calculated.

    ESS interests acquired before 1 July 2009

    If your ESS interest was acquired before 1 July 2009, you should also provide details about:

    • whether the ESS interests were qualifying (as per former section 139CD of the Income Tax Assessment Act 1936 – click on 'view history' note)
    • whether an election was made before the lodgment of the income tax return for the year the ESS interests were acquired (include a copy of the election).

    Next steps:

      Last modified: 11 Jul 2017QC 27186