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-A
-
Objects of Division and key concepts
History
Subdiv 83A-A inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.
SECTION 83A-10
Meaning of
ESS interest
and
employee share scheme
83A-10(1)
An
ESS interest
, in a company, is a beneficial interest in:
(a)
a *share in the company; or
(b)
a right to acquire a beneficial interest in a share in the company.
83A-10(2)
An
employee share scheme
is a *scheme under which *ESS interests in a company are provided to employees, or *associates of employees, (including past or prospective employees) of:
(a)
the company; or
(b)
*subsidiaries of the company;
in relation to the employees
'
employment.
Note:
See section
83A-325
for relationships similar to employment.
History
S 83A-10 inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.