Taxation Laws Amendment Act (No. 2) 1995 (169 of 1995)
Schedule 2 EMPLOYEE SHARE SCHEMES
Part 4 APPLICATION AND TRANSITIONAL
11 Application of amendments
(1) Subject to this section, the amendments made by this Schedule
apply to the acquisition of a share, or right to acquire a share, if
it occurs after 6 p.m. by legal time in the Australian Capital
Territory on 28 March 1995.
(2) The amendments made by this Schedule do not apply to the
acquisition of a share where the share was acquired as a result of the
exercise of a right that:
(a) was acquired at or before 6 p.m. by legal time in the Australian
Capital Territory on 28 March 1995; or
(b) is covered by subitem (3), (4) or (5).
(3) Subject to item 12, the amendments made by this Schedule do not
apply to the acquisition of a share or right before 1 July 1995 where:
(a) the share or right was acquired as a result of an offer, or an
invitation, made at or before 6 p.m. by legal time in the Australian
Capital Territory on 28 March 1995; and
(b) the offer or invitation was made to employees of a company to
acquire shares, or rights to acquire shares, in the company or in a
holding company of the company.
(4) Subject to item 12, the amendments made by this Schedule do not
apply to the acquisition of a share or right before 1 July 1996 where:
(a) the offer or invitation is to acquire shares, or rights to
acquire shares, in a public company; and
(b) the share or right is acquired as a result of an offer, or an
invitation, to employees of the public company or a subsidiary of the
public company; and
(c) if the approval of shareholders is required for the scheme under
which the offer or invitation was made-the scheme was approved by
shareholders of the public company before 6 p.m. by legal time in the
Australian Capital Territory on 28 March 1995.
(5) A taxpayer may make an election that the amendments made by this
Schedule do not apply to the acquisition of particular shares or
rights where:
(a) the total market value, when acquired, of the shares or rights
covered by the election, does not exceed $1000; and
(b) the shares or rights were acquired before 1 July 1995 as a
result of an offer, or an invitation, made at or before 6 p.m. by
legal time in the Australian Capital Territory on 28 March 1995.
(6) For the purposes of subitem (5), the market value of a right is
taken to be the same as the market value of the share to which it
relates.
(7) In this item:
public company means:
(a) a public company within the meaning of the Corporations Law; or
(b) a company established by Commonwealth, State or Territory
legislation; or
(c) a company listed on an approved stock exchange.
Note: Approved stock exchange is defined in section 139GD of the
Income Tax Assessment Act 1936.
subsidiary has the same meaning as in the Corporations Law.
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