Document ID: chunk:federal_register_of_legislation:C2015A00105:clause:1_6:p2
Version: federal_register_of_legislation:C2015A00105
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 2/2)
Character Range: 5421–6213

that is a beneficial interest in a right—the amount that must be paid to exercise the right is greater than or equal to the market value of an ordinary share in the company when you acquire the ESS interest.

Employer to be an Australian resident company
 (6) This subsection applies to an *ESS interest you acquire under an *employee share scheme if, when you acquire the interest, your employer is an Australian resident.

Disregard certain investments
 (7) For the purposes of subsections (2) and (4), disregard:
 (a) *eligible venture capital investments by a *VCLP, *ESVCLP or *AFOF; and
 (b) investments by an *exempt entity that is a *deductible gift recipient;
when identifying any holding company (within the meaning of the Corporations Act 2001) or working out *aggregated turnover.