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
-
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-D
-
Deduction for employer
History
Subdiv 83A-D inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.
Operative provisions
SECTION 83A-210
83A-210
Timing of general deductions
If:
(a)
at a particular time, you provide another entity with money or other property:
(i)
under an *arrangement; and
(ii)
for the purpose of enabling an individual (the
ultimate beneficiary
) to acquire, directly or indirectly, an *ESS interest under an *employee share scheme in relation to the ultimate beneficiary
'
s employment (including past or prospective employment); and
(b)
that particular time occurs before the time (the
acquisition time
) the ultimate beneficiary acquires the *ESS interest;
then, for the purpose of determining the income year (if any) in which you can deduct an amount in respect of the provision of the money or other property, you are taken to have provided the money or other property at the acquisition time.
History
S 83A-210 inserted by No 133 of 2009, s 3 and Sch 1 item 1, effective 14 December 2009.