Document ID: chunk:federal_register_of_legislation:C2014C00751:clause:1_1:p10
Version: federal_register_of_legislation:C2014C00751
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 10/13)
Character Range: 27534–30266

new company; or
 (b) a *subsidiary of the new company; or
 (c) a holding company (within the meaning of the Corporations Act 2001) of the new company; or
  (d) a subsidiary of a holding company (within the meaning of the Corporations Act 2001) of the new company;
as a continuation of the employment in respect of which you acquired the old interests.

Apportionment of cost base of old interests
 (7) Treat yourself as having given, as consideration for the assets mentioned in subsection (8), the amount worked out by apportioning among those assets, according to their respective *market values immediately after the takeover or restructure, the total of:
 (a) the *cost bases of the old interests when you stop holding them; and
 (b) the cost bases of the assets mentioned in paragraph (8)(b) immediately after the takeover or restructure (ignoring the effect of this subsection).
 (8) The assets are:
 (a) the things that:
 (i) you acquired in connection with the takeover or restructure; and
 (ii) can reasonably be regarded as matching the old interests;
  (including all of the new interests); and
 (b) in a case covered by subparagraph (1)(a)(ii)—any *ESS interests in the old company that:
 (i) you held just before, and continue to hold just after, the restructure; and
 (ii) that can reasonably be regarded as matching the old interests.

Exceptions
 (9) This section only applies if:
 (a) at or about the time you acquire the new interests, you are employed as mentioned in subsection (6); and
 (b) at the time you acquire the new interests:
 (i) you do not hold a beneficial interest in more than 5% 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 5% of the maximum number of votes that might be cast at a general meeting of the new company.

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