Tax Laws Amendment (2009 Budget Measures No. 2) Act 2009 (133 of 2009)
Schedule 1 Employee share schemes
Part 2 Consequential amendments
Income Tax Assessment Act 1997
38 Subsections 125-75(2) and (3)
Repeal the subsections, substitute:
(2) An *ownership interest, in a company, that is owned by an entity is disregarded under subsection (1) if:
(a) the entity acquired a beneficial interest in the ownership interest under an *employee share scheme; and
(b) either Subdivision 83A-B and subsections 83A-35(3) to (9), or Subdivision 83A-C, applies to the beneficial interest; and
(c) the ownership interest is not a fully-paid ordinary *share.
(3) An *ownership interest, in a trust, that is owned by an entity is disregarded under subsection (1) if:
(a) both of the following would apply if Division 83A (about employee share schemes) applied to ownership interests in trusts in the same way as it applies to *shares:
(i) the entity acquired a beneficial interest in the ownership interest under an *employee share scheme;
(ii) either Subdivision 83A-B and subsections 83A-35(3) to (9), or Subdivision 83A-C, applies to the beneficial interest; and
(b) the ownership interest is not a fully-paid unit.