Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p8
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 8/21)
Character Range: 1627299–1629981

working out whether you acquire the ESS interest at a discount.
 (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‑30  Amount for which discounted ESS interest acquired
 (1) For the purposes of this Act (other than this Division), the *ESS interest (and the *share or right of which it forms part) is taken to have been acquired for its *market value (rather than for its discounted value).
Note: Regulations made for the purposes of section 83A‑315 may substitute a different amount for the market value of the ESS interest.
 (2) Subsection (1) does not apply to an *ESS interest that is a beneficial interest in a right (or to the right of which it forms part), if section 83A‑33 (about start ups) reduces the amount to be included in your assessable income in relation to the interest.

83A‑33  Reducing amounts included in assessable income—start ups
 (1) Reduce the total amount included in your assessable income under subsection 83A‑25(1) for an income year by the total of the amounts included in your assessable income under that subsection, for the income year, for *ESS interests to which all of the following provisions apply:
 (a) subsections (2) to (6) of this section;
 (b) section 83A‑45 (about further conditions);
 (c) for ESS interests that are beneficial interests in *shares—subsection 83A‑105(2) (about broad availability of schemes).

No equity interests listed on a stock exchange
 (2) This subsection applies to an *ESS interest in a company (the first company) if no *equity interests in any of the following companies are listed for quotation in the official list of any *approved stock exchange at the end of the first company's most recent income year before you acquired the interest:
 (a) the first company;
 (b) any *subsidiary of the first company at the end of that income year;
 (c) any holding company (within the meaning of the Corporations Act 2001) of the first company at the end of that income year;
 (d) any subsidiary of a holding company (within the meaning of that Act) of the first company at the end of that income year.
Note: For identifying any holding company, see also subsection (7).

Incorporated for less than 10 years
 (3) This subsection applies to an *ESS interest in a company if:
 (a) the company (the first company); and
 (b) each of the other companies referred to in subsection (2);
was incorporated by or under an *Australian law or *foreign law less than 10 years before the end of the