Document ID: chunk:federal_register_of_legislation:C2014C00751:clause:1_83:p1
Version: federal_register_of_legislation:C2014C00751
Segment Type: clause
Provision Reference: sch 1 cl 83 (pt 1/3)
Character Range: 79473–82146

83  At the end of Part 2‑40
Add:

Division 83A—Employee share schemes

Table of Subdivisions
83A‑A Application of Division 83A of the Income Tax Assessment Act 1997
83A‑B Application of former provisions of the Income Tax Assessment Act 1936

Subdivision 83A‑A—Application of Division 83A of the Income Tax Assessment Act 1997

Table of sections
83A‑5 Application of Division 83A of the Income Tax Assessment Act 1997

83A‑5  Application of Division 83A of the Income Tax Assessment Act 1997
 (1) Division 83A of the Income Tax Assessment Act 1997 applies in relation to an ESS interest if:
 (a) the interest was acquired on or after 1 July 2009; and
 (b) the relevant share or right (within the meaning of Division 13A of Part III of the Income Tax Assessment Act 1936, as in force at the time (the pre‑Division 83A time) occurring just before Schedule 1 to the Tax Laws Amendment (2009 Budget Measures No. 2) Act 2009 commenced, (former Division 13A)) was not acquired (within the meaning of former Division 13A) before 1 July 2009.
 (2) Furthermore, Subdivision 83A‑C of the Income Tax Assessment Act 1997 (and the rest of Division 83A of that Act, to the extent that it relates to that Subdivision) also applies in relation to an ESS interest if:
 (a) all of the following subparagraphs apply:
 (i) at the pre‑Division 83A time, subsection 139B(3) of the Income Tax Assessment Act 1936 applied in relation to the interest;
 (ii) the interest was acquired (within the meaning of former Division 13A) before 1 July 2009;
 (iii) the cessation time mentioned in subsection 139B(3) of the Income Tax Assessment Act 1936, as in force at the pre‑Division 83A time, for the interest did not occur before 1 July 2009; or
 (b) all of the following subparagraphs apply:
 (i) at the pre‑Division 83A time, section 26AAC of the Income Tax Assessment Act 1936, as in force at that time, (former section 26AAC) applied in relation to the interest;
 (ii) the interest was acquired (within the meaning of former section 26AAC) before 1 July 2009;
 (iii) an amount has not been included in a person's assessable income under former section 26AAC in relation to the interest before 1 July 2009.
 (3) Subsection (2) applies despite section 83A‑105 of the Income Tax Assessment Act 1997.
 (4) If Subdivision 83A‑C of the Income Tax Assessment Act 1997 applies in relation to an ESS interest because of subsection (2):
 (a) do not include an amount in your assessable income under subsection 83A‑110(1) of that Act in relation to the ESS interest to the extent that the amount relates to your employment outside Australia; and
 (b) subject to subsection 83A‑115(3) or 83A‑120(3) of that Act,