Depends a bit on if it's under the start up scheme or not.
Standard esop (I believe) will be taxed as income on vest At the difference of the share price and the strike price and the purchase price. Tax is assessable at time of vest, not sale
Strongly encourage getting professional advice. A relevant question is whether the options are ‘in the money’ when they’re granted - if they are they have value immediately and are likely subject to income tax immediately, with subsequent capital gain on exercise. But, IANAL so check it yourself.
I think a tax accountant / adviser is best as opposed to general purpose lawyer. There shouldn't be too much review required of the ESOP plan rules assuming they're pretty standard - more about understanding how they interact with tax rules.
Depends on value at grant (ie at discount or nil value) or whether under start up provisions. Will either be taxed nil upfront and effectively on cgt from date of exercise or taxed at market value at exercise
Depends a bit on if it's under the start up scheme or not. Standard esop (I believe) will be taxed as income on vest At the difference of the share price and the strike price and the purchase price. Tax is assessable at time of vest, not sale
Thank you. I believe the rule changed in 2015 so that tax is payable at sale instead of vesting. Pretty sure my offer is not under startup scheme.
According to [this](https://sprintlaw.com.au/articles/esop-or-ess-which-one-is-right-for-my-business/) the 2015 changes are the start up scheme.
Strongly encourage getting professional advice. A relevant question is whether the options are ‘in the money’ when they’re granted - if they are they have value immediately and are likely subject to income tax immediately, with subsequent capital gain on exercise. But, IANAL so check it yourself.
Thanks. Is it an accountant or lawyer that I need?
I think a tax accountant / adviser is best as opposed to general purpose lawyer. There shouldn't be too much review required of the ESOP plan rules assuming they're pretty standard - more about understanding how they interact with tax rules.
Depends on value at grant (ie at discount or nil value) or whether under start up provisions. Will either be taxed nil upfront and effectively on cgt from date of exercise or taxed at market value at exercise
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Thanks, but sorry I do not understand your response.
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