Document ID: chunk:federal_register_of_legislation:C2014C00751:clause:1_1:p11
Version: federal_register_of_legislation:C2014C00751
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 11/13)
Character Range: 30005–32925

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 *ESS interests to an individual under an *employee share scheme; and
 (b) you did so as:
 (i) the employer of the individual; or
 (ii) a holding company (within the meaning of the Corporations Act 2001) of the employer of the individual; and
 (c) section 83A‑35 applies to reduce the amount included in the individual's assessable income under subsection 83A‑25(1) in relation to some or all of the interests.
 (2) Disregard paragraph 83A‑35(2)(b) (income test) for the purposes of paragraph (1)(c) of this section.
 (3) The amount of the deduction is the amount of the reduction mentioned in paragraph (1)(c).

Deduction to be apportioned if interest provided by multiple entities
 (4) The amount of the deduction worked out under subsection (3) must be apportioned between 2 or more entities on a reasonable basis if the entities jointly provide an *ESS interest for which an amount can be deducted under subsection (1).

83A‑210  Timing of general deductions
  If:
 (a) at a particular 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
  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