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

20   Section 139GA

Repeal the section, substitute:

139GA Meaning of employee and employer

(1) The expression employee :

(a) has the same meaning as in section 221A; and

(b) includes a person who is engaged in foreign service.

(2) However:

(a) subsection (1) does not apply in relation to section 139GBA; and

(b) paragraph (1)(b) does not apply in relation to subsection 139B(2A), section 139CDA or subsection 139D(3), 139E(3) or 139GB(1).

(3) The expression employer :

(a) has the same meaning as in section 221A; and

(b) includes a person who engages another person in foreign service.