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 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
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