Income Tax Assessment Act 1997

Part 2-40 inserted by No 9 of 2007 , s 3 and Sch 2 item 1, applicable on and after 1 July 2007.

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.

Subdiv 83A-C inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.

S 83A-115(2) amended by No 8 of 2022, s 3 and Sch 10 item 2, by substituting " earlier of the times mentioned in subsections (4) and (6) " for " earliest of the times mentioned in subsections (4) to (6) " , effective 1 April 2022 and applicable in relation to each ESS interest for which the ESS deferred taxing point occurs on or after: (a) unless paragraph (b) applies - the first 1 July to occur after the day on which this Act receives the Royal Assent; or (b) if this Act receives the Royal Assent on a 1 July - that 1 July.

S 83A-115(5) repealed by No 8 of 2022, s 3 and Sch 10 item 3, effective 1 April 2022 and applicable in relation to each ESS interest for which the ESS deferred taxing point occurs on or after: (a) unless paragraph (b) applies - the first 1 July to occur after the day on which this Act receives the Royal Assent; or (b) if this Act receives the Royal Assent on a 1 July - that 1 July. S 83A-115(5) formerly read:

Cessation of employment

83A-115(5)
The 2nd possible taxing point is the time when the employment in respect of which you acquired the interest ends.

S 83A-115(6) amended by No 8 of 2022, s 3 and Sch 10 item 4, by substituting " 2nd " for " 3rd " , effective 1 April 2022 and applicable in relation to each ESS interest for which the ESS deferred taxing point occurs on or after: (a) unless paragraph (b) applies - the first 1 July to occur after the day on which this Act receives the Royal Assent; or (b) if this Act receives the Royal Assent on a 1 July - that 1 July.

S 83A-115(6) amended by No 105 of 2015, s 3 and Sch 1 item 19, by substituting " 15 year " for " 7 year " , applicable in relation to ESS interests acquired on or after 1 July 2015.

S 83A-115 inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.