Taxation Determination
TD 2017/26A1 - Addendum
Income tax: employee share schemes - when a dividend equivalent payment is assessable to an employee as remuneration
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Addendum
This Addendum is a public ruling for the purposes of the Taxation Administration Act 1953. It amends Taxation Determination TD 2017/26 to clarify its interaction with the employee share trust requirements in subsection 130-85(4) of the Income Tax Assessment Act 1997 and the associated Taxation Determination TD 2019/13 Income tax: what is an 'employee share trust'?.
TD 2017/26 is amended as follows:
At the end of footnote 3, insert:
This Determination does not deal with whether such a trust is an employee share trust under subsection 130-85(4), refer to Taxation Determination TD 2019/13 Income tax: what is an 'employee share trust'?.
In the first sentence, after the words 'the trust deed', insert new footnote 5A:
5A Note that if a trustee exercises its power in this way, it will not meet the requirements for an employee share trust under subsection 130-85(4), refer to TD 2019/13.
This Addendum applies on and from 1 January 2018.
Commissioner of Taxation
6 December 2019
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References
ATO references:
NO 1-IDF45NM