Document ID: chunk:federal_register_of_legislation:C2025C00029:section:2:p10
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 2 (pt 10/21)
Character Range: 1632229–1634951

would be included in your taxable income if you disregarded this section, but not including your *assessable FHSS released amount for the income year);
 (ii) your *reportable fringe benefits total for the income year;
 (iii) your *reportable superannuation contributions (if any) for the income year;
 (iv) your *total net investment loss for the income year; and
 (c) subsection (1) does not apply if section 83A‑33 (about start ups) reduces the amount to be included in your assessable income for the income year for the *ESS interests.

Scheme must be non‑discriminatory
 (6) This subsection applies to an *ESS interest you acquire under an *employee share scheme if, when you acquire the interest, both:
 (a) the employee share scheme; and
 (b) any scheme for the provision of financial assistance in respect of acquisitions of ESS interests under the employee share scheme;
are operated on a non‑discriminatory basis in relation to at least 75% of the permanent employees of your employer who have completed at least 3 years of service (whether continuous or non‑continuous) with your employer and who are Australian residents.

No risk of losing interest or share under the conditions of the scheme
 (7) This subsection applies to an *ESS interest you acquire under an *employee share scheme if, when you acquire the interest:
 (a) if the ESS interest is a beneficial interest in a *share—there is no real risk that, under the conditions of the scheme, you will forfeit or lose the ESS interest (other than by disposing of it); or
 (b) if the ESS interest is a beneficial interest in a right to acquire a beneficial interest in a *share:
 (i) there is no real risk that, under the conditions of the scheme, you will forfeit or lose the ESS interest (other than by disposing of it, exercising the right or letting the right lapse); and
 (ii) there is no real risk that, under the conditions of the scheme, if you exercise the right, you will forfeit or lose the beneficial interest in the share (other than by disposing of it).

83A‑45  Further conditions for reducing amounts included in assessable income

Employment
 (1) This subsection applies to an *ESS interest in a company if, when you acquire the interest, you are employed by:
 (a) the company; or
 (b) a *subsidiary of the company.

Employee share scheme relates only to ordinary shares
 (2) This subsection applies to an *ESS interest you acquire under an *employee share scheme if, when you acquire the interest, all the ESS interests available for acquisition under the scheme relate to ordinary *shares.

Integrity rule about share trading and investment companies.
 (3) This subsection applies to an *ESS interest in a company unless, when you acquire