The 5 Things You Need to Know About Employee Share Scheme Changes

Table of Contents

Share at:

With plenty of media coverage surrounding the recent changes to the Employee Share Scheme by the Australian Government, the main question for businesses is “How do these changes affect me?”

Here are 5 key things startups need to know about Employee Share Scheme changes, and how they will affect your business.

1. Is your startup eligible for the startup concession?

To be eligible, your start up must have not more than $50million turnover, be unlisted, and be incorporated for less than 10 years

2. What is a discounted option?

An option is a privilege that gives the person holding the option the right to buy or sell at an agreed upon price.

A discounted option is an option provided for less than the market value.

3. What are the changes?

Employee discounted options that are issued from the 1st July 2015 will be generally taxed when they are converted to shares (i.e. when you sell the shares), not when received.

The discount is not itself subject to income tax.

The maximum time for tax deferral has been extended to 15 years, from 7 years.

4. Requirements for the tax concession

You need to hold the options for a minimum of three years.

If a taxing point, a Capital Gains Tax (CGT) event, occurs before the sale, you will not be able to defer the tax further

A summary of CGT events can be found here.

5. Quick Estimate of the amount of Tax you will pay upon sale

Number of options x (Sale price per share – exercise price of the option)

What are your questions or concerns about changes to Employee Share Schemes? Tweet us your question and we’ll do our best to assist.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

What Is a Grandfather Clause? Meaning, Examples and Business Uses

Find out everything you need to know about grandfather clauses and the many ways they might impact your day to day business.

Can An Employee Be Terminated While on Sick Leave?

Can an employee be terminated while on sick leave? Read this article to find out.

Tax Audit Triggers in Australia 2026: A Small Business Survival Guide

Do you know what can trigger an ATO tax audit for your small business? Discover the top tax audit triggers to stay compliant and reduce audit risks.

What Is Capital Gains Tax (CGT)? A Guide for Small Business Owners

Navigating capital gains taxes in Australia? This is your comprehensive guide on what triggers CGT, how to plan for it, and mistakes to avoid.

What Is Payroll Tax? A Comperhensive Guide for Australian Businesses

Understand how to manage your payroll tax obligations in Australia. Learn when to register, how payments work, and ways to ensure ironclad compliance.

Top 10 Cities to Start a Business in WA (FY26)

The 10 fastest-growing cities to start a business in WA (FY26), ranked on Lawpath and government data, with growth rates and what is driving each.