Payroll Tax Act 2007

If the grant of a share or option constitutes wages under this Division, the amount paid or payable as wages is taken, for the purposes of this Act, to be the value of the share or option (expressed in Australian currency) on the relevant day, less the consideration (if any) paid or given by the employee in respect of the share or option (other than consideration in the form of services performed).

The value of a share or an option is—

the market value, or

the amount determined as provided for by the Commonwealth income tax provisions.

The employer may elect the method by which the value of a share or an option is determined in any return lodged under this Act.

However, the Chief Commissioner may determine the method by which the value of a share or an option is determined if the grant of the share or option is not included as wages in a return lodged by an employer as required by this Act.

In determining the market value of a share or option, anything that would prevent or restrict conversion of the share or option to money is to be disregarded.

The Commonwealth income tax provisions apply with the following modifications, and any other necessary modifications—

the value of an option is to be determined as if it were a right to acquire a beneficial interest in a share,

a reference to the acquisition of a beneficial interest in a share or right is to be read as a reference to the grant of a share or an option.

In this section, Commonwealth income tax provisions means section 83A–315 of the Income Tax Assessment Act 1997 of the Commonwealth and the regulations made for the purposes of that section.