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Employee Share Schemes and Start-Up Companies

Employee Share Schemes and Start-Up Companies
The Government has released a discussion paper ESS reform as part of its regulatory review into employee share schemes: ‘Employee Share Schemes and Start-Up Companies’.
Editor: On 12 June 2013, the Government released ‘Advancing Australia as a Digital Economy: An Update to the National Digital Economy Strategy’, which recognised that more could be done to support Australian start-ups by reducing the cost and complexity of administering ESSs.
The discussion paper covers areas that industry has so far identified as problematic, including set-up costs, valuation issues and the point at which employee shares attract taxation.
Some potential options outlined in the paper for reforming the tax treatment for securities provided by start-ups include:
  • deferring the taxing point for securities offered by start-ups;
  • deferring the payment of tax on securities offered by start-ups;
  • taxing the securities offered by start-ups at a lower tax rate; and/or
  • ncreasing the concession provided for securities offered by start-ups from $1,000 to $5,000.
The reform needs to strike the right balance between incentives for start-ups to attract and retain skilled and experienced employees, and taxation.
The Review will report back to Government by December 2013.

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