Document ID: chunk:federal_register_of_legislation:C2014C00751:clause:1_83:p2
Version: federal_register_of_legislation:C2014C00751
Segment Type: clause
Provision Reference: sch 1 cl 83 (pt 2/3)
Character Range: 81897–84696

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, whichever is applicable, treat the ESS deferred taxing point for the interest as being:
 (i) if paragraph (2)(a) of this section applies—the cessation time mentioned in subparagraph (2)(a)(iii); or
 (ii) if paragraph (2)(b) applies—the earliest time at which an amount is included in a person's assessable income under former section 26AAC in relation to the interest; and
 (c) treat the reference in subsection 83A‑115(3) or 83A‑120(3) (30 day rule for ESS deferred taxing point), whichever is applicable, of that Act to the time worked out under subsection 83A‑115(2) or 83A‑120(2) of that Act as being a reference to the time worked out under paragraph (b) of this subsection; and
 (d) treat the requirements in paragraphs 83A‑310(a), (b) and (c) of that Act as being satisfied in relation to the interest if, and only if:
 (i) if paragraph (2)(a) applies—the 2 requirements mentioned in section 139DD of the Income Tax Assessment Act 1936 (as in force at the pre‑Division 83A time) are satisfied in relation to the interest; or
 (ii) if paragraph (2)(b) applies—the requirements in paragraphs (8D)(a), (b) and (c) of former section 26AAC are satisfied in relation to the interest; and
 (e) Subdivision 14‑C in Schedule 1 to the Taxation Administration Act 1953 (about TFN withholding tax (ESS)) does not apply to the ESS interest; and
 (f) if paragraph (2)(a) applies:
 (i) for the purposes of Division 115 of the Income Tax Assessment Act 1997 (Discount capital gains and trusts' net capital gains), treat the ESS interest as having been acquired by an individual when the individual acquired the legal title in the share or right of which the ESS interest forms part; and
 (ii) for the purposes of Division 392 in Schedule 1 to the Taxation Administration Act 1953 (Statements), disregard any election made under former section 139E of the Income Tax Assessment Act 1936; and
 (g) if paragraph (2)(b) applies—paragraph 82‑135(m) of the Income Tax Assessment Act 1997 does not apply in relation to the ESS interest.

Subdivision 83A‑B—Application of former provisions of the Income Tax Assessment Act 1936

Table of sections
83A‑10 Savings—continued operation of former provisions
83A‑15 Indeterminate rights

83A‑10  Savings—continued operation of former provisions
 (1) This section applies if:
 (a) 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:
 (i) Division 13A of Part III of the Income Tax Assessment Act 1936, as in force at that time,