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-C - Deferred inclusion of gain in assessable income  

Guide to Subdivision 83A-C

SECTION 83A-100   What this Subdivision is about  


If there is a real risk you might forfeit the share, right or stapled security you acquired under an employee share scheme, you don ' t include the discount in your assessable income when you acquired it. Instead, in the first income year you are able to dispose of the share, right or security, your assessable income will include any gain you have made to that time. If you cease employment earlier, or if 15 years pass, the gain is included in that income year instead.

This deferred taxing point can also apply to:

  • (a) a share or stapled security you acquire under salary sacrifice arrangements, if you get no more than $5,000 worth of shares under those arrangements; or
  • (b) a right, if the scheme restricted you immediately disposing of the right, and stated that this Subdivision applies.

  • TABLE OF SECTIONS
    TABLE OF SECTIONS
    Main provisions
    83A-105 Application of Subdivision
    83A-110 Amount to be included in assessable income
    83A-115 ESS deferred taxing point - shares
    83A-120 ESS deferred taxing point - rights to acquire shares
    83A-125 Tax treatment of ESS interests held after ESS deferred taxing points
    Takeovers and restructures
    83A-130 Takeovers and restructures


     

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