Tax Laws Amendment (2011 Measures No. 2) Act 2011 (41 of 2011)

Schedule 5  

Part 4   Employee share schemes

Division 2   Income Tax (Transitional Provisions) Act 1997

30   After subsection 83A-5(2)

Insert:

(2A) To avoid doubt, for the purposes of subparagraph (2)(a)(i), section 139CDA of the Income Tax Assessment Act 1936 applied to the interest at the pre-Division 83A time if the taxpayer in question first became or becomes an employee, as mentioned in that section, before the cessation time for the interest. It does not matter whether the employee so became or becomes an employee before, on or after the pre-Division 83A time.

Note: Section 139CDA was about shares or rights acquired while engaged in foreign service.