Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p12
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 12/21)
Character Range: 1637163–1639929

more than 10% of the maximum number of votes that might be cast at a general meeting of the company.
 (7) For the purposes of subsection (6), you are taken to:
 (a) hold a beneficial interest in any *shares in the company that you can acquire under an *ESS interest that is a beneficial interest in a right to acquire a beneficial interest in such shares; and
 (b) be in a position to cast votes as a result of holding that interest in those shares.

Subdivision 83A‑C—Deferred inclusion of gain in assessable income

Guide to Subdivision 83A‑C

83A‑100  What this Subdivision is about

      If there is a real risk you might forfeit the share, right or stapled security you acquired under an employee share scheme, you don't include the discount in your assessable income when you acquired it. Instead, in the first income year you are able to dispose of the share, right or security, your assessable income will include any gain you have made to that time. If 15 years pass, the gain is included in that income year instead.
      This deferred taxing point can also apply to:
             (a) a share or stapled security you acquire under salary sacrifice arrangements, if you get no more than $5,000 worth of shares under those arrangements; or
             (b) a right, if the scheme restricted you immediately disposing of the right, and stated that this Subdivision applies.

Table of sections

Main provisions
83A‑105 Application of Subdivision
83A‑110 Amount to be included in assessable income
83A‑115 ESS deferred taxing point—shares
83A‑120 ESS deferred taxing point—rights to acquire shares
83A‑125 Tax treatment of ESS interests held after ESS deferred taxing points

Takeovers and restructures
83A‑130 Takeovers and restructures

Main provisions

83A‑105  Application of Subdivision

Scope of Subdivision
 (1) This Subdivision applies, and Subdivision 83A‑B does not apply, to an *ESS interest in a company if:
 (a) Subdivision 83A‑B would, apart from this section, apply to the interest (see section 83A‑20); and
 (aa) after applying section 83A‑315, there is still a discount given in relation to the interest; and
 (ab) section 83A‑33 (about start ups) does not reduce the amount to be included in your assessable income in relation to the interest; and
 (b) subsections 83A‑45(1), (2), (3) and (6) apply to the interest; and
 (c) if the interest is a beneficial interest in a *share:
 (i) subsection (2) of this section applies to the interest; and
 (ii) subsection (3) or (4) applies to the interest; and
 (d) if the interest is a beneficial interest in a right to acquire a beneficial interest in a share—subsection (3) or (6) applies to the interest.
Note: Subsections 83A‑45(1), (2), (3) and (6) contain conditions relating to the following: