Client Alert

Do you have Employee Share Scheme reporting obligations?

By:
Peter Hills,
Anna O'Brien,
Thomas Isbell,
George Bendall
03 Jul 20182 min read
Has your company (or parent company) provided free or discounted shares or rights to receive shares to employees, directors or individual consultants (Employees), or their nominees, during the 2018 income year?
Contents

Alternatively, have discounted shares or rights which were provided in a prior year vested, or been exercised, in 2018, or been allowed to be kept by an Employee who has ceased employment/providing services during this income year?

If the answer is ‘Yes’ to either of these questions then there’s a good chance that the provider company will need to report details of all or some of these shares or rights to:

  • the recipient Employee by 14 July 2018; and
  • the Australian Tax Office (ATO) by 14 August 2018.

In particular, a 2018 employee share scheme (ESS) reporting obligation will arise in respect of discounted shares or rights provided:

  • to an Employee (nominee) in 2018 which are structured to take advantage of the ‘start-up’ concessions in the ESS tax laws; or
  • to an Employee (nominee) in 2018, or an earlier income year, which have had (will have) an ESS taxing point during the 2018 income year (generating a taxable ESS discount for the Employee).

How Grant Thornton can assist

Grant Thornton’s Remuneration Taxes Group are specialists in the delivery of a wide array of ESS-related tax advisory and compliance services to corporate clients of all types and sizes, including assisting both Australian and international companies:

  • with the selection, design and implementation of equity-based employee incentive/reward arrangements; and
  • in meeting their (Australian) ESS reporting (and where applicable, associated payroll tax) obligations. 

In particular, where required, our ESS reporting services include preparing explanatory Tax Notes for clients to provide to their affected Employees with their ESS Statements to assist the Employees in meeting their resultant individual income tax obligations.

If you’re unsure whether your company has a 2018 ESS reporting obligation, or need assistance with the preparation and lodgment of your 2018 ESS reporting documents or with any other aspect of your current or proposed ESS arrangements, get in touch with the team below.

TAGS
Authors
  • Peter Hills
    Peter Hills Peter has extensive tax consulting experience across a diverse range of industries and business enterprises. View Profile
  • Anna O'Brien
    Anna O'Brien Anna has over 25 years’ experience in public practice and senior corporate roles. Her wealth of knowledge and experience coupled with her hands on approach means she assists clients in a practical way to achieve their goals. View Profile
  • Thomas Isbell
    Thomas Isbell Thomas currently takes responsibility for the day-to-day coordination of the expatriate tax work within the Tax division in Sydney. He and his team advise clients on a range of issues from Income Tax and Fringe Benefits Tax to Superannuation Guarantee considerations for expatriates and Payroll. View Profile
  • George Bendall
    George Bendall George has over ten years’ experience specialising in remuneration and employment taxation. George has the responsibility for the management and coordination of the Employment Solutions team in Queensland advising clients on a range of issues from Payroll Tax, FBT, Superannuation Guarantee and Employee Share Schemes. View Profile

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