S 139DSE repealed by No 133 of 2009, s 3 and Sch 1 item 18, applicable in relation to the ESS interests mentioned in subsections
Income Tax (Transitional Provisions) Act 1997
. S 139DSE formerly read:
SECTION 139DSE MODIFICATIONS RELATING TO EMPLOYMENT
Proportion of permanent employees of employer.
does not affect a provision setting out a condition relating to a specified proportion of the permanent employees of a stapled entity that is the employer.
In applying subsection
, the employer of the taxpayer is not taken to include any other stapled entities. The condition in that subsection will be satisfied if it is satisfied for the employing entity alone.
The reference in paragraph
to a holding company of an employer includes a reference to the stapled entities for the stapled security if:
the employer is not a stapled entity for the stapled security; and
a company that included the stapled entities as parts of the company would be a holding company of the employer.
Cessation of employment.
For the purposes of working out the time when a taxpayer ceases to be employed by the employer of the taxpayer, that employer is taken to include (as part of it) each other stapled entity for the stapled security.
This rule affects the operation of subsections
S 139DSE inserted by
No 56 of 2007
, s 3 and Sch 3 item 2, effective 12 April 2007.
No 56 of 2007
, s 3 and Sch 3 item 39 contains the following application provision:
The amendment applies to acquisitions of stapled securities, and of rights to acquire stapled securities, on or after 1 July 2006.
In this item:
has the same meaning as in Division
Income Tax Assessment Act 1936