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Employee Share Schemes - Current trends and issues presentation

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

This presentation 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 is a Senior Consultant in the Tax group at Mallesons with over 35 years’ experience. He has deep expertise in capital gains tax, consolidation, imputation and international tax work. Andrew’s practice concentrates on corporate tax, together with the tax consequences of dealing in intellectual property rights and with the taxation treatment of the funds management industry. He also has extensive experience in relation to both the tax and legal issues associated with employee share schemes and executive remuneration. 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 directly supported the firm’s Innovation and executive leadership team with piloting new Gen-AI products and ensuring effective implementation across the Tax group. - Current at 23 February 2026
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This was presented at Vic 1st Annual Tax Forum .

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