Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p16
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 16/21)
Character Range: 1646956–1649637

taxing point is the earliest time when:
 (a) you exercise the right; and
 (c) there is no real risk that, under the conditions of the scheme, after exercising the right, you will forfeit or lose the beneficial interest in the *share (other than by disposing of it); and
 (d) if, at the time you acquired the ESS interest, the scheme genuinely restricted you immediately disposing of the beneficial interest in the share if you exercised the right—the scheme no longer so restricts you.

83A‑125  Tax treatment of ESS interests held after ESS deferred taxing points
  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 immediately after the *ESS deferred taxing point for the interest for its *market value, unless the ESS deferred taxing point occurs at the time the interest is disposed of.
Note: Regulations made for the purposes of section 83A‑315 may substitute a different amount for the market value of the ESS interest.

Takeovers and restructures

83A‑130  Takeovers and restructures

Object and scope
 (1) The object of this section is to allow this Division to continue to apply if:
 (a) at least one of the following applies:
 (i) an *arrangement (the takeover) is entered into that is intended to result in a company (the old company) becoming a *100% subsidiary of another company;
 (ii) *ESS interests in a company (the old company) acquired under *employee share schemes can reasonably be regarded as having been replaced, wholly or partly, by ESS interests in one or more other companies as a result of a change (the restructure) in the ownership (including the structure of the ownership) of the old company or a *demerger subsidiary of the old company; and
 (b) just before the takeover or restructure, you held ESS interests (the old interests) in the old company that you acquired under an employee share scheme.

Treat new interests as continuations of old interests
 (2) For the purposes of this Division, treat any *ESS interests (the new interests) in a company (the new company) that you acquire in connection with the takeover or restructure as a continuation of the old interests, to the extent that:
 (a) as a result of the arrangement or change, you stop holding the old interests; and
 (b) the new interests can reasonably be regarded as matching any of the old interests.
Note: In determining to what extent something can reasonably be regarded as matching any of the old interests, one of the factors to consider is the respective market values of that thing and of the old interests.
 (3) Subsection 83A‑45(4) (about the minimum holding period)