Tax Laws Amendment (Budget Measures) Act 2008 (59 of 2008)

Schedule 1   Fringe benefits tax and employee share schemes

Part 2   Employee share schemes

Income Tax Assessment Act 1936

12   Subsection 139E(4)

Repeal the subsection, substitute:

(4) An election under subsection (3) must be made in the taxpayer’s return of income for the employment year.

(5) The Commissioner may, after receiving a request made by the taxpayer in the approved form, allow the election to be made at a later time.