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When the current ESS rules do not apply

The current ESS rules won't apply in some circumstances to pre 1 July 2009 interests.

Last updated 20 December 2015

The current ESS rules do not apply to your ESS interests, if you acquired them before 1 July 2009 and they were:

  • non-qualifying shares or rights
  • qualifying shares or rights, and you elected to be taxed upfront under the previous law, or
  • qualifying shares or rights, and a cessation time happened to the shares or rights before 1 July 2009.

In these cases, the previous law will continue to apply.

See also:

QC47644