Class Ruling

CR 2013/15W

Income tax: Leighton Holdings Limited Equity Incentive Plan

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Notice of Withdrawal

Class Ruling CR 2013/15 is withdrawn with effect from today.

1. CR 2013/15 sets out the Commissioner's view on the application of Division 83A of the Income Tax Assessment Act 1997 (ITAA 1997) to employees of the company formerly known as Leighton Holdings Limited or wholly-owned subsidiaries of the Leighton Holdings Limited group of companies who were granted awards under the Leighton Equity Incentive Plan (the Plan).

2. The Plan had three types of awards which were referred to in the Ruling as:

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Long-term incentive (LTI) awards.

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Short-term incentive deferral (STI deferral) awards, and

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One-off awards (One-off awards).

3. The Commissioner has been advised that under the Ruling:

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the last LTI award was granted in 2014

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the last STI deferral award was granted in 2014, and

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the last One-off awards was granted on 1 May 2015.

4. Therefore, the Commissioner is satisfied that the scheme, as described in the Ruling, is no longer being implemented.

5. The Ruling continues to apply, in respect of the tax laws ruled upon, to all persons within the specified class who entered into the specified arrangements entered into prior to the withdrawal of the Ruling. The Ruling continues to apply to those persons, even following its withdrawal, for arrangements entered into prior to the withdrawal of the Ruling.

Commissioner of Taxation
25 July 2018

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

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References

ATO references:
NO 1-FADR5IS

Related Rulings/Determinations:

TR 2006/10

Legislative References:
ITAA 1936 6(1)
ITAA 1936 Div 6 of Part III
ITAA 1997 6-5
ITAA 1997 6-5(2)
ITAA 1997 15-2
ITAA 1997 Div 83A
ITAA 1997 83A-10
ITAA 1997 83A-10(1)
ITAA 1997 Subdiv 83A-B
ITAA 1997 83A-25(1)
ITAA 1997 Subdiv 83A-C
ITAA 1997 83A-105(1)
ITAA 1997 83A-105(3)
ITAA 1997 83A-110
ITAA 1997 83A-110(1)
ITAA 1997 83A-120
ITAA 1997 83A-120(3)
ITAA 1997 83A-120(4)
ITAA 1997 83A-120(5)
ITAA 1997 83A-120(6)
ITAA 1997 83A-120(7)
ITAA 1997 83A-330
ITAA 1997 83A-340
FBTAA 1986 136(1)(f)

Other References:
Explanatory Memorandum to the Tax Laws Amendment (2009 Budget Measures No. 2) Bill 2009