New International Tax Arrangements (Foreign-owned Branches and Other Measures) Act 2005 (64 of 2005)

Schedule 4   Cross border employee shares or rights

Part 1   Amendments

Income Tax Assessment Act 1936

13   After section 139CD

Insert:

139CDA Additional requirement for shares or rights acquired while engaged in foreign service

This section applies to a share in a company, or a right to acquire a share in a company, if the taxpayer in question first becomes an employee, in respect of employment or services that affect the acquisition or holding of the share or right, before the cessation time for the share or right.

Note: Subsection 139GA(2) limits the meaning of employee in this section, so that engagement in foreign service is not of itself sufficient.