Commonwealth Consolidated Acts

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INCOME TAX ASSESSMENT ACT 1997 - SECT 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 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


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