New International Tax Arrangements (Foreign-owned Branches and Other Measures) Act 2005 (64 of 2005)
Schedule 4 Cross border employee shares or rights
Part 1 Amendments
Income Tax Assessment Act 1997
30 At the end of section 130-80 (after the note)
Add:
(4) This section does not apply to a *share or right if:
(a) you become an Australian resident; and
(b) you owned, or held a beneficial interest in, the share or right just before you became an Australian resident; and
(c) the share or right does not have the *necessary connection with Australia; and
(d) either:
(i) the share or right is not a *qualifying share or a *qualifying right; or
(ii) you have made an election under section 139E of the Income Tax Assessment Act 1936 covering the share or right.
Note: Section 136-40 deals with shares or rights that do not have the necessary connection with Australia.