Document ID: chunk:federal_register_of_legislation:C2014C00751:clause:1_1:p12
Version: federal_register_of_legislation:C2014C00751
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 12/13)
Character Range: 32679–35317

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 in relation to the individual; and
 (c) treat anything done or not done by or in relation to the associate in relation to the interest as being done or not done by or in relation to the individual.
Example 1: The following are attributed to the employee, rather than to the associate:
(a) the associate's voting rights;
(b) the associate's ability or inability to dispose of the ESS interest;
(c) whether there is a real risk that the associate may lose the ESS interest;
(d) the associate's cost base for the ESS interest.
Example 2: If the associate disposes of the ESS interest, the employee is taken to have disposed of the ESS interest instead.

83A‑310  Forfeiture etc. of ESS interest
  This Division (apart from this Subdivision) is taken never to have applied in relation to an *ESS interest acquired by an individual under an *employee share scheme if:
 (a) disregarding this section, an amount is included in the individual's assessable income under this Division in relation to the interest; and
 (b) either:
 (i) the individual forfeits the interest; or
 (ii) in the case of an ESS interest that is a beneficial interest in a right—the individual forfeits or loses the interest (without having disposed of the interest or exercised the right); and
 (c) the forfeiture or loss is not the result of:
 (i) a choice made by the individual (other than a choice by that individual to cease particular employment); or
 (ii) a condition of the scheme that has the direct effect of protecting (wholly or partly) the individual against a fall in the *market value of the interest.

83A‑315  Market value of ESS interest
 (1) Whenever this Division uses the *market value of an *ESS interest, instead use the amount specified in the regulations for the purposes of this section in relation to the interest, if the regulations specify such an amount.
 (2) To avoid doubt, apply the rule in subsection (1) to the *market value component of any calculation for the purposes of this Division that involves market value.
Example: If the regulations specify an amount in relation to an ESS interest, use that amount instead of the market value of the interest in working out:
(a) whether there is a discount given in relation to interest; and
(b) if so—the amount of the discount.

83A‑320  Interests in a trust
 (1) This section applies if, at a time:
 (a) you hold an interest in a trust whose