EV 1052249661834currentnon-binding advice

CGT - bonus shares

Non-binding edited private advice. This is an edited version of private advice the ATO gave to a specific taxpayer about their own circumstances. You cannot rely on it — it is not binding and provides no protection for anyone else (see PS LA 2008/4). Use it as a guide to the ATO’s thinking, not as authority.

1

Are your XX bonus shares issued from a share premium account exempt from capital gains tax under subdivision 130A of the Income Tax Assessment Act 1997 (ITAA 1997)?

2

Yes. Your XX shares are exempt from capital gains tax under subdivision 130A of the ITAA 1997. The original shares were acquired before 20 September 1985, no part of the bonus shares were treated as dividends, the bonus shares were not partly paid on issue, and the bonus shares were issued from a genuine share premium account. Therefore, you are taken to have acquired the bonus shares before 20 September 1985 and they are not subject to capital gains tax. This ruling applies for the following periods: Year ending 30 June 20XX Year ending 30 June 20XX Year ending 30 June 20XX The scheme commenced on: 15 August 1984

3

You purchased XX shares on XXXX. You participated in the XX Bonus Option Plan from XXXX after which you were issued with XX bonus shares. The bonus shares were issued from a share premium account from XXXX to XXXX. You did not receive any dividends for the bonus shares. The bonus shares were not partly paid on issue.

4

Income Tax Assessment Act 1997 Subdivision 130A