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ARTICLE · 06 SEPTEMBER 2022

Employee Share Scheme (ESS) – updates to disclosure requirements, taxing points and penalties

There are several changes in the wind for Australian ESS regulation.

AustraliaEmployment and HR
Robert Lee (Formerly With Bartier Perry)
Robert Lee (Formerly With Bartier Perry)
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Contributing partner: Greg Blewitt

There are several changes in the wind for Australian ESS regulation which have come into effect or will do so in the coming months. These include:

  • the removal of a key taxing point for ESS participants;
  • streamlining of employer disclosure requirements; and
  • ramping up the penalty regime associated with disclosure requirements.

Also in the works are changes announced in the Federal Budget for 2022-23.

Given these changes, and in the background of what is being dubbed the "Great Resignation", it may be a good time to implement an ESS to bolster your business's employee remuneration and incentive strategy.

Removal of a taxing point for employees

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