ATO Interpretative Decision

ATO ID 2014/42

Income Tax

Income: employer costs for the purpose of administering its employee share scheme are deductible

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CAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

This ATOID provides you with the following level of protection:

If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.

Issue

Will costs incurred by the taxpayer company in implementing and administering the Employee Share Scheme (the Scheme) be deductible under section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997)?

Decision

Yes. The costs incurred by the taxpayer company in implementing and administering the Scheme will be deductible under section 8-1 of the ITAA 1997.

Facts

The Scheme complies with the provisions of Division 83A of the ITAA 1997.

A Trustee is appointed to administer the Scheme. The taxpayer incurs costs of operating the Scheme. These costs include brokerage fees, audit fees, bank charges and other ongoing administrative expenses.

Reasons for Decision

The operating costs associated with the implementation and administration of the Scheme are part of the ordinary employee remuneration costs of the taxpayer. Accordingly they are deductible under section 8-1 of the ITAA 1997 in the year that they are incurred.

Date of decision:  27 October 2014

Year of income:  Year ending 30 June 2008

Legislative References:
Income Tax Assessment Act 1997
   section 8-1
   Division 83A

Tax Laws Amendment (2009 Budget Measures No. 2) Act 2009
   The Act

Related ATO Interpretative Decisions
ATO ID 2002/961 (withdrawn)

Keywords
Deductions
Employee share schemes & options
Share discounts on employee share schemes

Siebel/TDMS Reference Number:  1-5U5WYJ0; 1-CQ3BDKW

Business Line:  Private Groups and High Wealth Individuals

Date of publication:  19 December 2014
Date reviewed:  23 October 2017

ISSN: 1445-2782

history
  Date: Version:
You are here 27 October 2014 Original statement
  23 February 2022 Archived