CHAPTER 2
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LIABILITY RULES OF GENERAL APPLICATION
PART 2-40
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RULES AFFECTING EMPLOYEES AND OTHER TAXPAYERS RECEIVING PAYG WITHHOLDING PAYMENTS
History
Part 2-40 inserted by
No 9 of 2007
, s 3 and Sch 2 item 1, applicable on and after 1 July 2007.
Division 83A
-
Employee share schemes
History
Div 83A inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009. No 133 of 2009, s 3 and Sch 1 item 87 contains the following transitional provision:
87 Transitional
-
regulations
87
Despite subsection
12(2)
of the
Legislative Instruments Act 2003
, regulations that:
(a)
are made for the purposes of Division 83A of the
Income Tax Assessment Act 1997
; or
(b)
are made for the purposes of a taxation law (within the meaning of that Act) and relate to the amendments made;
may take effect from any time on or after 1 July 2009, if the regulations are made before the end of the period of 3 months commencing on 14 December 2009.
Subdivision 83A-B
-
Immediate inclusion of discount in assessable income
History
Subdiv 83A-B inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.
Operative provisions
SECTION 83A-20
Application of Subdivision
83A-20(1)
This Subdivision applies to an *ESS interest if you acquire the interest under an *employee share scheme at a discount.
Note 1:
This Subdivision does not apply if Subdivision
83A-C
applies: see section
83A-105
.
Note 2:
If an associate of yours acquires an interest in relation to your employment, this Division applies as if you, rather than your associate, acquired the interest: see section
83A-305
.
History
S 83A-20(1) amended by No 105 of 2015, s 3 and Sch 1 item 47, by repealing note 3, applicable to assessments for the 2011-12 income year and later income years. Note 3 formerly read:
Note 3:
Regulations made for the purposes of section
83A-315
may be relevant to working out whether you acquire the ESS interest at a discount.
83A-20(2)
However, this Subdivision does not apply if the *ESS interest is a beneficial interest in a *share that you acquire as a result of exercising a right, if you acquired a beneficial interest in the right under an *employee share scheme.
History
S 83A-20 inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.