INCOME TAX ASSESSMENT ACT 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-40 - RULES AFFECTING EMPLOYEES AND OTHER TAXPAYERS RECEIVING PAYG WITHHOLDING PAYMENTS  

Division 83A - Employee share schemes  

Subdivision 83A-E - Miscellaneous  

SECTION 83A-305   Acquisition by associates  

83A-305(1)  
If an *associate (other than an *employee share trust) of an individual acquires an *ESS interest in relation to the individual ' s employment (including past or prospective employment), then, for the purposes of this Division:


(a) treat the interest as having being acquired by the individual (instead of the associate); and


(b) treat any circumstance, right or obligation existing or not existing in relation to the interest in relation to the associate as existing or not existing in relation to the individual; and


(c) treat anything done or not done by or in relation to the associate in relation to the interest as being done or not done by or in relation to the individual.

Example 1:

The following are attributed to the employee, rather than to the associate:

  • (a) the associate ' s voting rights;
  • (b) the associate ' s ability or inability to dispose of the ESS interest;
  • (c) whether there is a real risk that the associate may lose the ESS interest;
  • (d) the associate ' s cost base for the ESS interest.
  • Example 2:

    If the associate disposes of the ESS interest, the employee is taken to have disposed of the ESS interest instead.

    83A-305(2)  


    For the purposes of subsections 83A-45(6) and (7) , subsection (1) of this section also applies if the *associate acquired the *ESS interest otherwise than in relation to the individual ' s employment.

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