Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p18
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 18/21)
Character Range: 1651859–1654595

more than 10% of the *shares in the new company; and
 (ii) you are not in a position to cast, or to control the casting of, more than 10% of the maximum number of votes that might be cast at a general meeting of the new company.
 (10) For the purposes of paragraph (9)(b), you are taken to:
 (a) hold a beneficial interest in any *shares in the new company that you can acquire under an *ESS interest that is a beneficial interest in a right to acquire a beneficial interest in such shares; and
 (b) be in a position to cast votes as a result of holding that interest in those shares.

Subdivision 83A‑D—Deduction for employer

Guide to Subdivision 83A‑D

83A‑200  What this Subdivision is about

      You can deduct an amount for shares, rights or stapled securities you provide to your employees under an employee share scheme if they are eligible for a reduction in their assessable income under section 83A‑35. The amount you can deduct is equal to that reduction.
      You must defer any deduction you are entitled to for amounts you provide to finance your employees acquiring interests in shares, rights or stapled securities under an employee share scheme until the employees have actually acquired those interests.

Table of sections

Operative provisions
83A‑205 Deduction for employer
83A‑210 Timing of general deductions

Operative provisions

83A‑205  Deduction for employer
 (1) You can deduct an amount for an income year if:
 (a) during the year you provided one or more *ESS interests to an individual under an *employee share scheme; and
 (b) you did so as:
 (i) the employer of the individual; or
 (ii) a holding company (within the meaning of the Corporations Act 2001) of the employer of the individual; and
 (c) section 83A‑35 applies to reduce the amount included in the individual's assessable income under subsection 83A‑25(1) in relation to some or all of the interests.
 (2) Disregard paragraph 83A‑35(2)(b) (income test) for the purposes of paragraph (1)(c) of this section.
 (3) The amount of the deduction is the amount of the reduction mentioned in paragraph (1)(c).

Deduction to be apportioned if interest provided by multiple entities
 (4) The amount of the deduction worked out under subsection (3) must be apportioned between 2 or more entities on a reasonable basis if the entities jointly provide an *ESS interest for which an amount can be deducted under subsection (1).

83A‑210  Timing of general deductions
  If:
 (a) at a particular time, you provide another entity with money or other property:
 (i) under an *arrangement; and
 (ii) for the purpose of enabling an individual (the ultimate beneficiary) to acquire, directly or indirectly, an *ESS interest under an *employee share scheme in