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_omtinez+(I'm new)I'm new
25 Apr 2021

In the 2021 tax year, I had shares from a employee share scheme (ESS) vest. My employer is an Australian company and I am an Australian resident for tax purposes, but I am a temporary resident (work visa). I spent the majority of my time (including more than 91 consecutive days) during the 2021 tax year in USA, where I must declare 100% of these shares as a souce of income. Additionally, part of the vesting period for some of the shares took place before I first arrived to Australia. This leads me to believe that I might qualify for the foreign income exemption for temporary residents.

How much of the ESS income as reported by my employer in the ESS year-end statement should I be declaring in my Australian tax return? 100% of it, or only the portion that I earned while I was physically in Australia during the vesting period?

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759 views
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KylieATO(Community Support)Community Support
29 Apr 2021

Hi,


We have been advised that we will require more information to provide you with an accurate response. Please contact our Early Engagement team who will be happy to assist you.

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Most helpful reply

KylieATO(Community Support)Community Support
29 Apr 2021

Hi,


We have been advised that we will require more information to provide you with an accurate response. Please contact our Early Engagement team who will be happy to assist you.

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ESS – Foreign income exemption for temporary residents | ATO Community