Income Tax Assessment Act 1997
CHAPTER 2
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LIABILITY RULES OF GENERAL APPLICATION
PART 2-40
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RULES AFFECTING EMPLOYEES AND OTHER TAXPAYERS RECEIVING PAYG WITHHOLDING PAYMENTS
Division 83A
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Employee share schemes
Subdivision 83A-C
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Deferred inclusion of gain in assessable income
Main provisions
SECTION 83A-115
ESS deferred taxing point
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shares
Scope
83A-115(1)
This section applies if the *ESS interest is a beneficial interest in a *share. Meaning of ESS deferred taxing point 83A-115(2)
The ESS deferred taxing point for the *ESS interest is the earlier of the times mentioned in subsections (4) and (6) .
83A-115(3)
However, the ESS deferred taxing point for the *ESS interest is instead the time you dispose of the interest, if that time occurs within 30 days after the time worked out under subsection (2) . No restrictions on disposing of share 83A-115(4)
The first possible taxing point is the earliest time when: (a) there is no real risk that, under the conditions of the *employee share scheme, you will forfeit or lose the *ESS interest (other than by disposing of it); and (b) if, at the time you acquired the interest, the scheme genuinely restricted you immediately disposing of the interest - the scheme no longer so restricts you. 83A-115(5)
(Repealed by No 8 of 2022)
Maximum time period for deferral
83A-115(6)
The 2nd possible taxing point is the end of the 15 year period starting when you acquired the interest.
View history note
Hide history noteThis section applies if the *ESS interest is a beneficial interest in a *share. Meaning of ESS deferred taxing point 83A-115(2)
The ESS deferred taxing point for the *ESS interest is the earlier of the times mentioned in subsections (4) and (6) .
However, the ESS deferred taxing point for the *ESS interest is instead the time you dispose of the interest, if that time occurs within 30 days after the time worked out under subsection (2) . No restrictions on disposing of share 83A-115(4)
The first possible taxing point is the earliest time when: (a) there is no real risk that, under the conditions of the *employee share scheme, you will forfeit or lose the *ESS interest (other than by disposing of it); and (b) if, at the time you acquired the interest, the scheme genuinely restricted you immediately disposing of the interest - the scheme no longer so restricts you. 83A-115(5)
(Repealed by No 8 of 2022)
The 2nd possible taxing point is the end of the 15 year period starting when you acquired the interest.
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