INCOME TAX ASSESSMENT ACT 1997
(a) at a particular time, you provide another entity with money or other property:
(i) under an *arrangement; and
(ii) for the purposes 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 purposes 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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