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23 May 2026

My employer pays stock based compensation under and employee share scheme.


For stock disposed within 30 days of vesting, the taxable value is the sale price rather than the vesting price.


I sold ESS interests within 30 days. I then notified my employer of the sales, requested an amended ESS, and provided evidence of the sales. My employer refuses to amend my ESS statement based on the sales within 30 days. They claim they cannot access sale data to independently verify the sale, and therefore are not oblligated to update the statement.


Can I simply report the correct amount (sale price within 30 days, rather price at vest) on my income tax return?


Will doing so cause issues due to data matching and/or trigger an audit when my income tax return is processed?

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1 replies
26 views
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Employer refuses to amend ESS statement | ATO Community