Disclaimer
You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of private advice

Authorisation Number: 1052249661834

Date of advice: 15 May 2024

Ruling

Subject: CGT - bonus shares

Question

Are your XX bonus shares issued from a share premium account exempt from capital gains tax under subdivision 130A of the Income Tax Assessment Act 1997(ITAA 1997)?

Answer

Yes. Your XX shares are exempt from capital gains tax under subdivision 130A of the ITAA 1997. The original shares were acquired before 20 September 1985, no part of the bonus shares were treated as dividends, the bonus shares were not partly paid on issue, and the bonus shares were issued from a genuine share premium account. Therefore, you are taken to have acquired the bonus shares before 20 September 1985 and they are not subject to capital gains tax.

This ruling applies for the following periods:

Year ending 30 June 20XX

Year ending 30 June 20XX

Year ending 30 June 20XX

The scheme commenced on:

15 August 1984

Relevant facts and circumstances

You purchased XX shares on XXXX.

You participated in the XX Bonus Option Plan from XXXX after which you were issued with XX bonus shares.

The bonus shares were issued from a share premium account from XXXX to XXXX.

You did not receive any dividends for the bonus shares.

The bonus shares were not partly paid on issue.

Relevant legislative provisions

Income Tax Assessment Act 1997 Subdivision 130A