Document ID: chunk:federal_register_of_legislation:C2014C00751:clause:1_1:p7
Version: federal_register_of_legislation:C2014C00751
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 7/13)
Character Range: 20255–22919

*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.

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 earliest of the times mentioned in subsections (4) to (6).
 (3) However, the ESS deferred taxing point for the *ESS interest is instead the time you dispose of the interest, if that time occurs within 30 days after the time worked out under subsection (2).

No restrictions on disposing of share
 (4) The first possible taxing point is the earliest time when:
 (a) there is no real risk that, under the conditions of the *employee share scheme, you will forfeit or lose the *ESS interest (other than by disposing of it); and
 (b) if, at the time you acquired the interest, the scheme genuinely restricted you immediately disposing of the interest—the scheme no longer so restricts you.

Cessation of employment
 (5) The 2nd possible taxing point is the time when the employment in respect of which you acquired the interest ends.

Maximum time period for deferral
 (6) The 3rd possible taxing point is the end of the 7 year period starting when you acquired the interest.

83A‑120  ESS deferred taxing point—rights to acquire shares

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

Meaning of ESS deferred taxing point
 (2) The ESS deferred taxing point for the *ESS interest is the earliest of the times mentioned in subsections (4) to (7).
 (3) However, the ESS deferred taxing point for the *ESS interest is:
 (a) the time you dispose of the ESS interest (other than by exercising the right); or
 (b) if you exercise the right—the