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
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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-E
-
Miscellaneous
History
Subdiv 83A-E inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.
SECTION 83A-315
Market value of ESS interest
83A-315(1)
Whenever this Division (other than section
83A-20
) uses the *market value of an *ESS interest, instead use the amount specified in the regulations for the purposes of this section in relation to the interest, if the regulations specify such an amount.
History
S 83A-315(1) amended by No 105 of 2015, s 3 and Sch 1 item 50, by inserting
"
(other than section 83A-20)
"
, applicable to assessments for the 2011-12 income year and later income years.
83A-315(2)
To avoid doubt, apply the rule in subsection (1) to the *market value component of any calculation for the purposes of this Division that involves market value.
Example:
If the regulations specify an amount in relation to an ESS interest, use that amount instead of the market value of the interest in working out:
(a) whether there is a discount given in relation to interest; and
(b) if so
-
the amount of the discount.
History
S 83A-315 inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.