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Sladen Snippet - ATO draft guidance on deductibility of expenses in establishing employee share schemes

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Sladen Snippet - ATO draft guidance on deductibility of expenses in establishing employee share schemes

Amongst all the furore about the Australian Taxation Office’s (ATO) draft guidance on section 100A, on 23 February 2022, the ATO also issued draft guidance on determining when expenses incurred in establishing and administering an employee share scheme (ESS) are deductible.

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CGT Discount Denied for Employee Share Scheme interest holder

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CGT Discount Denied for Employee Share Scheme interest holder

The Administrative Appeals Tribunal (AAT) has denied a taxpayer a capital gains tax (CGT) discount on a gain on the disposal of shares she acquired as part of an employee share scheme (ESS).

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Sladen Snippet - Fox v FC of T: A cautionary tale on Employee Share Schemes

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Sladen Snippet - Fox v FC of T: A cautionary tale on Employee Share Schemes

A taxpayer has been found liable for a tax bill of $106,058 in relation to shares they acquired as part of an employee share scheme (ESS) with their previous employer, NewSat Limited, a now insolvent company with a share value of nil. 

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Hot Issues in Structuring and Rewarding Employees

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Hot Issues in Structuring and Rewarding Employees

On 28 October, 2015 Sladen Legal delivered a presentation on various topics in the area of Hot Issues in Structuring and Rewarding Employees.

Topics presented were:

  • Professional Practices Structures – the ATO views and the law - Rob Jeremiah
  • Superannuation and employees - Phil Broderick
  • Employment risks in corporate and business restructures - Louise Houlihan
  • The new employee share scheme regime – the promised land or a mirage? - Carlos Barros

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More good news for start-ups and entrepreneurs

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More good news for start-ups and entrepreneurs

On 6 May 2015, the Honourable Joe Hockey with the Honourable Bruce Billson disseminated a media release on Supporting start-ups and entrepreneurship. 

The media release announces new measures which will apply to small business and start-ups proposed to take effect from 1 July 2016.  These new measures will provide much needed relief for small business and start-ups and are another step towards ensuring that Australia provides the right environment for small business, start-ups and entrepreneurs.

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Creating the right environment for start-ups

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Creating the right environment for start-ups

Proposed amendments to the employee share scheme provisions for start-ups.

On 14 October 2014, the Honourable Bruce Billson, the Honourable Tony Abbott and the Honourable Joe Hockey issued a media release titled "Encouraging employee share ownership and entrepreneurship".

The position of the Government in respect of the application of the employee share scheme (ESS) provisions to start ups has been long awaited, with it being seen as fundamental to the innovative nature of start-up companies, and the need to ensure that they retain a work environment that fosters new ideas.

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Sladen Snippet - Employee Share Schemes and Startups

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Sladen Snippet - Employee Share Schemes and Startups

The consultation period with interested stakeholders in relation to Employee Shares Schemes (ESS) after the issue of the Employee Share Schemes and Start-up Companies: Administration and Taxation Arrangement discussion paper reported on in August last year has now ended.  

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Employee share scheme update

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Employee share scheme update

Further to the Government’s release of Advancing Australia as a Digital Economy: Update to the National Economy Strategy on 12 June 2013 (refer to Employee share scheme announcement - 21 June 2013 for an overview), Treasury and the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education issued the discussion paper Employee Share Schemes and Start-up Companies: Administrative and Taxation Arrangements.

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Employee Share Scheme announcement

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Employee Share Scheme announcement

On 12 June 2013, the Government released Advancing Australia as a Digital Economy: Update to the National Digital Economy Strategy and announced a review of the regulatory environment for innovative information, communication and technology start-up companies (ICT companies).