Document ID: chunk:federal_register_of_legislation:C2014C00751:clause:1_1:p2
Version: federal_register_of_legislation:C2014C00751
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/13)
Character Range: 7910–10695

year in which you are taxed may be deferred if there is a real risk of forfeiture, or you acquired the shares or securities under particular salary sacrifice arrangements (see Subdivision 83A‑C).
      If you are a foreign resident, only the part of the discount that relates to your employment in Australia is included in your assessable income.

Table of sections

Operative provisions
83A‑20 Application of Subdivision
83A‑25 Discount to be included in assessable income
83A‑30 Amount for which discounted ESS interest acquired
83A‑35 Reduction of amounts included in assessable income

Operative provisions

83A‑20  Application of Subdivision
 (1) This Subdivision applies to an *ESS interest if you acquire the interest under an *employee share scheme at a discount.
Note 1: This Subdivision does not apply if Subdivision 83A‑C applies: see section 83A‑105.
Note 2: If an associate of yours acquires an interest in relation to your employment, this Division applies as if you, rather than your associate, acquired the interest: see section 83A‑305.
Note 3: Regulations made for the purposes of section 83A‑315 may be relevant to working out whether you acquire the ESS interest at a discount.
 (2) However, this Subdivision does not apply if the *ESS interest is a beneficial interest in a *share that you acquire as a result of exercising a right, if you acquired a beneficial interest in the right under an *employee share scheme.

83A‑25  Discount to be included in assessable income
 (1) Your assessable income for the income year in which you acquire the *ESS interest includes the discount given in relation to the interest.
 (2) Treat an amount included in your assessable income under subsection (1) as being from a source other than an *Australian source to the extent that it relates to your employment outside Australia.
Note: For the CGT treatment of employee share schemes, see Subdivision 130‑D.

83A‑30  Amount for which discounted ESS interest acquired
  For the purposes of this Act (other than this Division), the *ESS interest (and the *share or right of which it forms part) is taken to have been acquired for its *market value (rather than for its discounted value).
Note: Regulations made for the purposes of section 83A‑315 may substitute a different amount for the market value of the ESS interest.

83A‑35  Reduction of amounts included in assessable income

Reduction and income test
 (1) Reduce the total amount included in your assessable income under subsection 83A‑25(1) for an income year by the total of the amounts included in your assessable income under that subsection, for the income year, for *ESS interests to which subsections (3) to (9) of this section apply.
 (2) However:
 (a) do not reduce the total amount by more than $1,000; and
 (b)