If you provide shares to an employee through a trust, and the employee has an interest in a specific number of shares in the trust (rather than specific shares) we treat the employee as holding a beneficial interest in each of that number of shares.
If this is the case, you must give an ESS statement to all employees who have acquired shares through that trust and include this information on the statement you provide to us.
You will not need to provide a statement to the trustee of the share trust. The trustee of the share trust will not be required to provide a statement to its beneficiaries.
Example: Employee share trust and reporting
Lee works for Gag Ltd. Gag Ltd has an ESS that provides Lee with shares through its employee share trust, Gag Share Trust. Gag Ltd is the provider and Gag Ltd (rather than Gag Share Trust) must report to the employee and the ATO.
End of example