Need further guidance from the ATO with respect to Employee Share Schemes (ESS) and whether interests in certain common kinds of foreign vehicles (such as a limited liability company) qualify as 'shares' or 'ordinary shares' under the ESS rules, in particular, subsections 83A-10(1) and 83A-45(2) of the ITAA 1997.
The Board agrees this idea has support within the tax community. The Board will raise this at an appropriate stage but ultimately is a matter for Government.
19/02/2018
The Board of Tax understands that the ATO is looking to develop additional guidance on Employee Share Schemes within the next 12 months.
As such, the Board of Tax is interested in hearing from the Sounding Board community about any areas that would benefit from additional guidance in relation to Employee Share Schemes.