• ESS – Supporting documents and information required for objections and private rulings

    Listed below are the documents and information we require to process objections or private rulings.

    Send the following documents and information listed with your objection form or 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, and
      • 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 any 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 a taxed-upfront scheme or tax-deferred scheme or your ESS interests qualified for the start-up concession.
    • Are you still employed by the company? If not, when did that employment cease?
    • Provide any other relevant information in relation to your ESS.

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

    If your objection or private ruling relates to foreign services, the following additional information is required:

    • For what periods were you overseas?
    • To what extent does your foreign service relate to earning the ESS interest?
      Last modified: 07 Feb 2017QC 27186