Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p14
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 14/21)
Character Range: 1642101–1644794

salary or wages would be greater if the interest was not made part of that package; and
 (b) at the time you acquire the interest:
 (i) the discount equals the *market value of the ESS interest; and
 (ii) all of the ESS interests available for acquisition under the scheme are ESS interests to which subsection (3) applies, beneficial interests in *shares, or both; and
 (iii) the governing rules of the scheme expressly state that this Subdivision applies to the scheme (subject to the requirements of this Act); and
 (c) the total *market value of the *ESS interests in your employer and any holding company (within the meaning of the Corporations Act 2001) of your employer:
 (i) that you acquire during the year under any employee share scheme or schemes; and
 (ii) to which both this Subdivision and this subsection apply;
  does not exceed $5,000.
 (5) For the purposes of paragraph (4)(c), work out the *market value of each *ESS interest as at the time you acquire it.
Note: Regulations made for the purposes of section 83A‑315 may substitute a different amount for the market value of the ESS interest.

Scheme's rules state that this Subdivision applies
 (6) This subsection applies to an *ESS interest you acquire under an *employee share scheme during an income year at a discount if:
 (a) the interest is a beneficial interest in a right; and
 (b) at the time you acquired the interest:
 (i) the scheme genuinely restricted you immediately disposing of the right; and
 (ii) the governing rules of the scheme expressly stated that this Subdivision applies to the scheme (subject to the requirements of this Act).

83A‑110  Amount to be included in assessable income
 (1) Your assessable income for the income year in which the *ESS deferred taxing point for the *ESS interest occurs includes the *market value of the interest at the ESS deferred taxing point, reduced by the *cost base of the interest.
Note: Regulations made for the purposes of section 83A‑315 may substitute a different amount for the market value of the ESS interest.
 (2) Treat an amount included in your assessable income under subsection (1) as being from a source other than an *Australian source to the extent that it relates to your employment outside Australia.
Note: For the CGT treatment of employee share schemes, see Subdivision 130‑D.

83A‑115  ESS deferred taxing point—shares

Scope
 (1) This section applies if the *ESS interest is a beneficial interest in a *share.

Meaning of ESS deferred taxing point
 (2) The ESS deferred taxing point for the *ESS interest is the earlier of the times mentioned in subsections (4) and (6).
 (3) However, the ESS deferred taxing point for the *ESS interest is