New South Wales Consolidated Acts

PAYROLL TAX ACT 2007 - SECT 24

24 Inclusion of shares and options granted to directors as wages

(1) For the purposes of this Act,
"wages" include the grant of a share or an option by a company to a director of the company who is not an employee of the company by way of remuneration for the appointment or services of the director.

(2) For that purpose, the other provisions of this Division apply in respect of any such grant as if a reference to the employer were a reference to the company and a reference to the employee were a reference to the director of the company.

(3) In this section, a reference to a director of the company includes a reference to the following--

(a) a person who, under a contract or other arrangement, is to be appointed as a director of the company,

(b) a former director of the company.

(4) However, if wages referred to in this section are fringe benefits, the value of the wages is to be determined in accordance with Division 2 of this Part (and not this Division).

Note--: Section 13 provides that a reference to an employee in this Act includes a reference to any person to whom any amount that is treated as wages under this Act is paid or payable. See also section 11, which deems the wages to be paid or payable for services performed.