Code |
Description of transaction category |
|---|---|
SBER |
Share-based employment remuneration Any IRPD in the nature of providing or obtaining share-based employment remuneration. |
Any amounts provided at any of the below questions should be reported in whole dollars and cents.
- Transaction Identifier
Show the Transaction ID for the transaction being reported.
(LCMSF31)
- Related Transaction Identifier(s)
Show all Transaction IDs that are related or directly connected to the transaction being reported.
(LCMSF206)
- What is the transaction category?
Select the transaction category for the IRPD transaction.
(LCMSF32)
- Is this transaction part of a RAS?
If this transaction is covered by an IRPD agreement in a RAS, indicate True.
Otherwise indicate False.
(LCMSF33)
- How many transactions are part of the RAS?
If the transaction is part of a RAS, indicate the applicable range for the number of the transactions in the same RAS that were current during the income year:
- Low (1–5)
- Moderate (6–50)
- High (51 or more)
(LCMSF35)
- Australian counterparty name
Show the full name of the Australian counterparty (which may be the reporting entity itself) to this transaction/RAS.
(LCMS207)
- ABN or TFN of the Australian counterparty to the transaction/RAS
Show the ABN or TFN or both of the Australian counterparty (which may be the reporting entity itself) to the transaction/RAS.
(LCMSF83 and LCMSF84)
- Name of the IRP non-resident counterparty to the transaction/RAS
Show the full name of the IRP non-resident counterparty to this transaction/RAS.
The full name to be shown is the complete name of the IRP non-resident counterparty entity. While this would be expected to usually correspond with the name of the relevant party in any associated written agreement documentation, the full correct name of the entity should be shown at Part A even if this is not exactly the same as the name used in any associated written agreement documentation.
(LCMSF37)
- Tax residency of the IRP non-resident counterparty to the transaction/RAS
Show the country code for the country of tax residence of the IRP non-resident counterparty to this transaction/RAS.
(LCMSF38)
- Was the transaction/RAS entered into by the non-resident counterparty in the course of its business operations carried on through a permanent establishment in a different country to its country of tax residence?
Indicate True if the transaction/RAS was entered into by the non-resident counterparty in the course of its business operations carried on through a PE in a different country to its country of tax residence.
Otherwise indicate False.
(LCMSF208)
- Country of permanent establishment of non-resident counterparty
This question applies only if you answered True to Question 10.
Show the country code of the PE through which the non-resident counterparty entered into the transaction/RAS. This code must not be the same as the code reported at Question 9 (LCMSF38) for the country of tax residence of the non-resident counterparty.
(LCMSF209)
- Amount of consideration paid (of a capital nature for income tax purposes) for the transaction/RAS
If an amount of a capital nature was paid by the reporting entity in connection with this transaction/RAS during the income year, show this amount based on the reporting entity’s income tax records.
Show zero if no amount of a capital nature was received by the reporting entity in connection with this transaction/RAS during the income year.
(LCMSF39)
- Amount of consideration received (of a capital nature for income tax purposes) for the transaction/RAS
If an amount of a capital nature was received by the reporting entity in connection with this transaction/RAS during the income year, show this amount based on the reporting entity’s income tax records.
Show zero if no amount of a capital nature was received by the reporting entity in connection with this transaction/RAS during the income year.
(LCMSF40)
- Was non-monetary consideration provided (of a capital nature for income tax purposes) for the transaction/RAS?
Indicate True if non-monetary consideration of a capital nature was provided by the reporting entity in connection with this transaction/RAS during the income year.
Otherwise indicate False.
(LCMSF85)
- Was non-monetary consideration obtained (of a capital nature for income tax purposes) for the transaction/RAS?
Indicate True if non-monetary consideration of a capital nature was obtained by the reporting entity in connection with this transaction/RAS during the income year.
Otherwise indicate False.
(LCMSF86)
- Amount of expenditure (not of a capital nature for income tax purposes) for the transaction/RAS
Show the amount of expenditure not of a capital nature deducted for income tax purposes in connection with this transaction/RAS during the income year based on the reporting entity’s income tax records, including any recharge amounts payable in respect of share-based remuneration provided to the reporting entity's employees by the IRP.
Any amounts in relation to the costs of administering an employee share-based plan as compensation for services should instead be shown for the transaction category Management and administration services (MAS).
Show zero if there was no amount of expenditure not of a capital nature in connection with this transaction/RAS during the income year
(LCMSF41)
- Amount of revenue (not of a capital nature for income tax purposes) for the transaction/RAS
Show the amount of revenue not of a capital nature returned for income tax purposes in connection with this transaction/RAS during the income year based on the reporting entity’s income tax records, including any recharge amounts receivable in respect of share-based remuneration provided to employees of the IRP.
Any amounts received in relation to the costs of administering an employee share-based plan as compensation for services should instead be shown for the transaction category Management and administration services (MAS).
Show zero if there was no amount of revenue not of a capital nature in connection with this transaction/RAS during the income year.
(LCMSF42)
- Average balance of debt interests issued (Inbound Borrowings)
Not applicable.
(LCMSF210)
- Capitalised interest deducted
Not applicable.
(LCMSF211)
- Average balance of debt interests held (Outbound Loans)
Not applicable.
(LCMSF212)
- Capitalised interest returned
Not applicable.
(LCMSF213)
- Book values
Not applicable.
(LCMSF214)
- Was non-monetary consideration provided (not of a capital nature for income tax purposes) for the transaction/RAS?
Indicate True if non-monetary consideration not of a capital nature for income tax purposes was provided by the reporting entity in connection with this transaction/RAS during the income year.
Otherwise indicate False.
(LCMSF44)
- Was non-monetary consideration obtained (not of a capital nature for income tax purposes) for the transaction/RAS?
Indicate True if non-monetary consideration not of a capital nature for income tax purposes was obtained by the reporting entity in connection with this transaction/RAS during the income year.
Otherwise indicate False.
(LCMSF45)
- Is the debt interest (including borrowing/loan) interest-free?
Not applicable
(LCMSF237)
- Did you enter into a deferred foreign currency payment arrangement in relation to this transaction?
Indicate True if you have entered into a foreign currency deferred payment arrangement in relation to this transaction.
Otherwise indicate False.
(LCMSF215)
- Foreign Currency Reporting Type
This question applies only if you answered True to Question 26.
Indicate the type of foreign currency deferred payment arrangement entered into:
1 = short term foreign currency deferred payment arrangements
2 = longer term foreign currency deferred payment arrangements
If you have indicated 1, then you only need to provide the Foreign Currency CodeExternal Link at Question 28.
If you have indicated 2, then you need to provide the Foreign Currency CodeExternal Link at Question 28 and report the relevant associated IRPD foreign currency deferred payment arrangement transaction.
(LCMSF216)
- Foreign Currency Code
This question applies only if you answered True to Question 26 and indicated that you entered into a short term or longer term foreign currency deferred payment arrangement at Question 27.
Show the Foreign Currency CodeExternal Link applicable to the foreign currency deferred payment arrangement.
(LCMSF217)
- Amount of foreign exchange losses deducted for the transaction/RAS
Not applicable
(LCMSF87)
- Foreign Currency Code
Not applicable
(LCMSF221)
- Amount of foreign exchange gains returned for the transaction/RAS
Not applicable
(LCMSF43)
- Foreign Currency Code
Not applicable
(LCMSF221)
- What transfer pricing/capital asset pricing methodology has been applied to this transaction/RAS?
Select the code UNKT (Unknown TP Method) if the reporting entity does not know which transfer pricing methodology has been applied to this transaction/RAS.
Select UNKC (Unknown CAP Method) if the reporting entity does not know which capital asset pricing methodology has been applied to this transaction/RAS.
(LCMSF46)
- What level of transfer pricing documentation has been prepared for this transaction/RAS?
The level of transfer pricing documentation refers to the aggregate dollar amount of this transaction/RAS for which the reporting entity has prepared relevant transfer pricing documentation, expressed as a percentage of total dollar value of this transaction/RAS.
1 = 0%
2 = 1% to less than 25%
3 = 25% to less than 50%
4 = 50% to less than 75%
5 = 75% to less than 100%
6 = 100%
This transaction/RAS will not meet the conditions for any of the Simplified Transfer Pricing Record Keeping (STPRK) options in PCG 2017/2 Simplified Transfer Pricing Record Keeping Options.
(LCMSF47)
- If the reporting entity is a bank and this transaction is in a RAS, has the special short-term tenor rule for ordinary borrowings and ordinary loans been applied to this RAS?
Always indicate False if the transaction category is not ordinary borrowings or ordinary loans.
(LCMSF88)
- If the reporting entity is a bank and this transaction is in a RAS, has the special short-term tenor rule for short term derivatives been applied to this RAS?
Always indicate False if the transaction category is not derivatives.
(LCMSF128)
- If the reporting entity is a bank and this transaction is in a RAS, has the special rule for FX derivatives been applied to this RAS?
Always indicate False if the transaction category is not derivatives.
(LCMSF129)
- If the reporting entity is an OBU, is this transaction/RAS an OB activity?
Always indicate False since share based employment remuneration arrangements are not an OB activity under section 121D of the ITAA 1936.
(LCMSF63)
- Is this transaction/RAS covered by a category on the Exclusions List?
Indicate False, since none of the categories on the exclusions list can apply to these transactions.
(LCMSF48)
- What category of the Exclusions List applies to this transaction/RAS?
Not applicable.
(LCMSF49)
- Transaction Comments
Provide any relevant comments in respect of the transaction/RAS.
(LCMSF222)
Reporting example: IRPD share-based employment remuneration
Example 9: Provision of recharge amounts to German IRP
Aus Co is a company that is resident in Australia for tax purposes.
Aus Co has an income tax year ending 30 June.
Aus Co’s functional currency for Australian tax purposes is Australian dollars.
During the income year Aus Co paid A$2 million to its ultimate parent company resident for tax purpose in Germany (German Co) to compensate German Co for providing rights over shares in German Co to senior executives of Aus Co. Aus Co claimed a deduction for income tax purposes for this A$2 million payment for the income year.
Aus Co did not pay or obtain consideration of a capital nature in relation to the recharge arrangements for share-based compensation.
Aus Co did receive non-monetary consideration in relation to the recharge amounts paid to German Co, being the share rights granted by German Co in connection with the remuneration of senior executives of Aus Co.
Aus Co has applied the transfer pricing methodology ‘Other arm’s length method’ to all recharge amounts paid to German Co.
Aus Co has prepared relevant contemporaneous transfer pricing documentation for 100% of the recharge arrangements for share based compensation.
German Co does not carry on its business operations through a permanent establishment.
Aus Co completes the questions for the IRP transactions/RAS in this example based on its income tax records as shown in the following tables.
Table 16: Completed entry for Example 9 – Recharge amounts paid to German Co (IRPD share-based employment remuneration)Question no. |
Question label |
Response |
|---|---|---|
1 |
Transaction Identifier |
[Transaction ID] |
2 |
Related Transaction Identifier(s) |
[Transaction IDs] |
3 |
Transaction Category |
SBER |
4 |
Is this transaction part of a RAS? |
False |
5 |
How many transactions are part of the RAS? |
Na |
6 |
Australian counterparty name |
[Australian counterparty name] |
7 |
ABN or TFN of the Australian counterparty to the transaction/RAS |
[ABN or TFN] |
8 |
Name of the IRP non-resident counterparty to the transaction/RAS |
German Co |
9 |
Tax residence of the IRP non-resident counterparty to the transaction/RAS |
DE |
10 |
Was the transaction/RAS entered into by the non-resident counterparty in the course of its business operations carried on through a permanent establishment in a different country to its country of tax residence? |
False |
11 |
Country of permanent establishment counterparty |
Na |
12 |
Amount of consideration paid (of a capital nature for income tax purposes) for the transaction/RAS |
0 |
13 |
Amount of consideration received (of a capital nature for income tax purposes) for the transaction/RAS |
0 |
14 |
Was non-monetary consideration provided (of a capital nature for income tax purposes) for the transaction/RAS? |
False |
15 |
Was non-monetary consideration obtained (of a capital nature for income tax purposes) for the transaction/RAS? |
False |
16 |
Amount of expenditure (not of a capital nature for income tax purposes) for the transaction/RAS deducted for income tax purposes |
2000000 |
17 |
Amount of revenue (not of a capital nature for income tax purposes) for the transaction/RAS returned as assessable for income tax purposes |
0 |
18 |
Average balance of debt interests issued (Inbound Borrowings) |
Na |
19 |
Capitalised interest deducted |
Na |
20 |
Average balance of debt interests held (Outbound loans) |
Na |
21 |
Capitalised interest returned |
Na |
22 |
Book values |
Na |
23 |
Was non-monetary consideration provided (not of a capital nature for income tax purposes) for the transaction/RAS? |
False |
24 |
Was non-monetary consideration obtained (not of a capital nature for income tax purposes) for the transaction/RAS? |
True |
25 |
Is the debt interest (including borrowing/loan) interest-free? |
Na |
26 |
Did you enter into a deferred foreign currency payment arrangement in relation to this transaction |
False |
27 |
Foreign Currency Reporting Type |
Na |
28 |
Foreign Currency Code |
Na |
29 |
Amount of foreign exchange losses deducted for the transaction/RAS |
Na |
30 |
Foreign Currency Code |
Na |
31 |
Amount of foreign exchange gains returned for the transaction/RAS |
Na |
32 |
Foreign Currency Code |
Na |
33 |
What transfer pricing/capital asset pricing methodology has been applied to the transaction/RAS? |
OM |
34 |
What level of transfer pricing documentation has been prepared for this transaction/RAS? |
6 |
35 |
If the reporting entity is a bank and transaction is in a RAS, has the special short-term tenor rule for ordinary borrowings and ordinary loans been applied to this RAS? |
False |
36 |
If the reporting entity is a bank and this transaction is in a RAS, has the special short-term tenor rule for short term derivatives been applied to this RAS? |
False |
37 |
If the reporting entity is a bank and this transaction is in a RAS, has the special rule for FX derivatives been applied to this RAS? |
False |
38 |
If the reporting entity is an OBU, is this transaction/RAS an OB activity? |
False |
39 |
Is this transaction/RAS covered by a category on the Exclusions List? |
False |
40 |
What category of the Exclusions List applies to this transaction/RAS? |
Na |
41 |
Transaction Comments |
[Comments] |
End of example