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
If:
(a) at a particular time, you provide another entity with money or other property:
(b) that particular time occurs before the time (the acquisition time ) the ultimate beneficiary acquires the *ESS interest;
Division 83A
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Employee share schemes
Subdivision 83A-D
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Deduction for employer
Operative provisions
SECTION 83A-210
83A-210
Timing of general deductions
If:
(a) at a particular time, you provide another entity with money or other property:
(i) under an *arrangement; and
(ii) for the purpose of enabling an individual (the ultimate beneficiary ) to acquire, directly or indirectly, an *ESS interest under an *employee share scheme in relation to the ultimate beneficiary ' s employment (including past or prospective employment); and
(b) that particular time occurs before the time (the acquisition time ) the ultimate beneficiary acquires the *ESS interest;
then, for the purpose of determining the income year (if any) in which you can deduct an amount in respect of the provision of the money or other property, you are taken to have provided the money or other property at the acquisition time.
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