Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p19
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 19/21)
Character Range: 1654338–1657204

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 relation to the ultimate beneficiary's employment (including past or prospective employment); and
 (b) that particular time occurs before the time (the acquisition time) the ultimate beneficiary acquires the *ESS interest;
then, for the purpose of determining the income year (if any) in which you can deduct an amount in respect of the provision of the money or other property, you are taken to have provided the money or other property at the acquisition time.

Subdivision 83A‑E—Miscellaneous

Table of sections
83A‑305 Acquisition by associates
83A‑310 Forfeiture etc. of ESS interest
83A‑315 Market value of ESS interest
83A‑320 Interests in a trust
83A‑325 Application of Division to relationships similar to employment
83A‑330 Application of Division to ceasing employment
83A‑335 Application of Division to stapled securities
83A‑340 Application of Division to indeterminate rights

83A‑305  Acquisition by associates
 (1) If an *associate (other than an *employee share trust) of an individual acquires an *ESS interest in relation to the individual's employment (including past or prospective employment), then, for the purposes of this Division:
 (a) treat the interest as having being acquired by the individual (instead of the associate); and
 (b) treat any circumstance, right or obligation existing or not existing in relation to the interest in relation to the associate as existing or not existing in relation to the individual; and
 (c) treat anything done or not done by or in relation to the associate in relation to the interest as being done or not done by or in relation to the individual.
Example 1: The following are attributed to the employee, rather than to the associate:
(a) the associate's voting rights;
(b) the associate's ability or inability to dispose of the ESS interest;
(c) whether there is a real risk that the associate may lose the ESS interest;
(d) the associate's cost base for the ESS interest.
Example 2: If the associate disposes of the ESS interest, the employee is taken to have disposed of the ESS interest instead.
 (2) For the purposes of subsections 83A‑45(6) and (7), subsection (1) of this section also applies if the *associate acquired the *ESS interest otherwise than in relation to the individual's employment.

83A‑310  Forfeiture etc. of ESS interest
 (1) This Division (apart from this Subdivision) is taken never to have applied in relation to an *ESS interest acquired by an individual under an *employee share scheme if:
 (a) disregarding this section, an amount is included in the individual's assessable income under this Division in relation