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-C
-
Deferred inclusion of gain in assessable income
History
Subdiv 83A-C inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.
Main provisions
SECTION 83A-110
Amount to be included in assessable income
83A-110(1)
Your assessable income for the income year in which the *ESS deferred taxing point for the *ESS interest occurs includes the *market value of the interest at the ESS deferred taxing point, reduced by the *cost base of the interest.
Note:
Regulations made for the purposes of section
83A-315
may substitute a different amount for the market value of the ESS interest.
83A-110(2)
Treat an amount included in your assessable income under subsection (1) as being from a source other than an *Australian source to the extent that it relates to your employment outside Australia.
Note:
For the CGT treatment of employee share schemes, see Subdivision
130-D
.
History
S 83A-110 inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.