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Employee Share Schemes - Current trends and issues paper

Published on 10 Oct 13 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper examines:

  • the new rules in practice and associated “teething” issues of the 2009 changes
  • what is now required for a “real risk of forfeiture”?
  • what about “good leavers” and associated issues?
  • the indeterminate right rule – friend or foe?
  • plans outside Division 83A – some issues and challenges
  • common ESS plans – some issues and challenges
  • challenges for not listed entities
  • what is happening with options and share purchase plans?
  • interaction with international share and option plans
  • reporting and withholding rule and other ATO compliance requirements in practice
  • reform agendas.

Author profile

Andrew Clements FTI
Andrew Clements, FTI, is a Senior Consultant in the Tax group at Mallesons with more than 35 years' experience advising private clients, family offices, family business groups and trustees on complex taxation and wealth structuring matters. He is recognised for his deep expertise in trusts, succession planning, family governance, intergenerational wealth transfer, estate and asset protection structures, and the taxation issues affecting high net worth individuals and family groups. Andrew advises on the taxation and legal issues associated with discretionary trusts, unit trusts, private groups, investment structures and family office arrangements. His practice includes the design and implementation of sophisticated ownership, control and succession frameworks, together with advising on trust restructures, family business succession, capital gains tax, international tax and taxation issues arising from private investment activities. He is also widely recognised for his work in employee ownership structures, employee share schemes and executive remuneration, and regularly advises on the interaction of these arrangements with broader private wealth and succession objectives. Andrew is a member of the National Tax Leadership for Mallesons' Generative AI programs. In addition to using a broad range of Generative AI tools in practice, he has worked closely with the firm's innovation and executive leadership teams on the evaluation, piloting and implementation of emerging AI technologies across the Tax group. - Current at 03 August 2026
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This was presented at Vic 1st Annual Tax Forum .

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Part IVA - The new framework

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