ato logo
Search Suggestion:

Flowchart 3.4

Last updated 9 September 2010

Treatment of rights or options:

  • to acquire shares where the rights or options were acquired by you from an individual or entity that acquired them as a shareholder in the company, or
  • to acquire units where the rights or options were issued after 28 January 1988 and were acquired by you from an individual or entity that acquired them as a unit holder in the trust.
  1. Did you acquire the rights or options before 20 September 1985?

Yes

Read question 3

No

The acquisition date of the rights or options was the date of the contract to acquire the rights or options or, if there was no contract, the date the other individual or entity stopped being the owner of the rights or options.

Read question 2

  1. Did you exercise the rights or options?

Yes

Read answer 4

No

Read answer 1

  1. Did you exercise the rights or options on or after 20 September 1985?

Yes

Read answer 3

No

Read answer 2

Answer 1

If the capital proceeds on the sale or expiry of the rights or options are more than their cost base, you make a capital gain.

If the capital proceeds are less than their reduced cost base, you make a capital loss.

Answer 2

  1. If you did not exercise the rights or options, you disregard any capital gain or capital loss on the sale or expiry of the rights or options.
  2. If you exercised the rights or options before that date, you disregard any capital gain or capital loss when you dispose of the shares or units that you acquired.

Answer 3

  1. The shares acquired on exercise of the rights or options are subject to capital gains tax.
  2. The acquisition date of the shares is the date of exercise of the rights or options to acquire the shares or units.
  3. The first element of the cost base and the reduced cost base of the shares is:
    • the market value of the rights or options at the time you exercise them, plus
    • the amount you pay for the shares on exercising the rights or options, plus
    • if the rights or options were exercised on or after 1 July 2001 (and as a result, an amount is included in your assessable income) that amount.
     

Note:

Although the shares or units are subject to capital gains tax, any capital gain or capital loss you make from exercising the rights or options to acquire those shares or units is disregarded.

Answer 4

  1. The shares or units acquired on exercise of the rights or options are subject to capital gains tax.
  2. The acquisition date of the shares or units is the date of exercise of the rights or options.
  3. The first element of the cost base and the reduced cost base of the shares or units is:
    • the cost base of the rights or options at the time of exercise, plus
    • the amount you paid for the shares or units on exercising the rights or options, plus
    • if the rights or options were exercised on or after 1 July 2001 and, as a result, an amount is included in your assessable income - that amount.
     

Note:

Although the shares or units are subject to capital gains tax, any capital gain or capital loss you make from exercising the rights or options to acquire those shares or units is disregarded.

QC28058