Taxation Determination

TD 97/23W

Income tax: what is the approved form of an election under subsection 139E(1) of the Income Tax Assessment Act 1936 ('the Act') so that it applies to all shares or rights acquired in an income year under a qualifying employee share acquisition scheme?

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Notice of Withdrawal

Taxation Determination TD 97/23 is withdrawn with effect from today.

1. TD 97/23 provided the approved form for an election under subsection 139E(1) of the Income Tax Assessment Act 1936 (ITAA 1936) to have any discounts from the market price of qualifying shares and qualifying rights taxed at the time the shares or rights were acquired, rather than when any restrictions on those shares or rights ceased.

2. Section 139E of the ITAA 1936 was repealed with effect from 1 July 2009.

3. TD 97/23 has no ongoing relevance and is therefore withdrawn without replacement.

Commissioner of Taxation
20 December 2016

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References

ATO references:
NO 1-9N72KXS

Subject References:
acquisition of shares
employee share ownership
shareholders
shares

Legislative References:
ITAA Division 13A of Part III
ITAA 139B
ITAA 139B(2)
ITAA 139E
ITAA 139E(1)
ITAA 139E(2)