Elements of the Taxation of Employee Share Scheme Arrangements
On 23 April 2010, the then Assistant Treasurer announced the release of the Board of Taxation’s report on its review into elements of the taxation of employee share schemes.
The Board’s report makes five recommendations and includes advice from the Australian Government Actuary into the valuation of unlisted rights. The then Assistant Treasurer said that “the findings of the Board are consistent with the Government’s recent employee share scheme reforms, and the Government agrees with all of the Board’s recommendations.”
The Board’s report on its review into elements of the taxation of employee share schemes is available for download. Printed versions of the report are available by email request sent to email@example.com or by phoning the Board of Taxation Secretariat on 02 6263 4366.
On 1 July 2009, the then Assistant Treasurer released a Policy Statement setting out the final taxation treatment of shares and rights acquired under employee share schemes, with the policy to be applied from that date.
On 24 July 2009, the then Assistant Treasurer released the details of the industry consultation and the terms of reference for the Board’s review into elements of the taxation of employee scheme arrangements.
Under the terms of reference the Board was requested to examine:
- how best to determine the market value of employee share scheme securities; and
- whether shares and rights under an employee share scheme that are provided by start-up, research and development and speculative-type companies should be subject to separate tax deferral arrangements outside of those proposed by the Policy Statement .
In undertaking the review, the Board was to consider:
- whether the existing rules for valuing unlisted rights to acquire shares properly reflect market value;
- whether special rules are appropriate or necessary to determine the market value of employee share scheme shares and rights (listed and unlisted);
- whether there are suitable alternative mechanisms for determining market value;
- whether it is appropriate or necessary to provide separate deferral arrangements for employees of start-up, research and development and speculative-type companies receiving shares or rights under employee share schemes; and
- possible options to provide assistance to start-up, research and development and speculative‑type companies.
The Board was asked to consult widely and to provide all stakeholders with the opportunity to participate in the review. After considering the views of all stakeholders the Board was to provide a final report to the Government by the end of February 2010.
In conducting the review, the Board had regard to the Government’s taxation review headed by Dr Ken Henry. Further information on the Review of Australia’s future tax system can be found at www.taxreview.treasury.gov.au .
On 7 September 2009, the Chairman of the Board of Taxation announced that the Board was inviting submissions for its review into elements of the taxation of employee share schemes.
The Board requested written submissions on the review into elements of the taxation of employee share scheme arrangements by 9 October 2009. All submissions received were acknowledged.
The Board completed its review into elements of the taxation of employee share schemes and provided its report to the then Assistant Treasurer in February 2010. In preparing its report the Board took into account the various submissions to the review, advice from its expert panel and discussions with stakeholders.
Further information on this review can be obtained from the Board of Taxation Secretariat on 02 6263 4366.
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