Reading this ATO page, I see don't see stock options or equity shares mentioned. Can you confirm if these are considered "Taxable Australian Property"?
I'm not clear on what this bullet is referring to: "a CGT asset that you have used to carry on a business through a permanent establishment in Australia".
Two specific scenarios:
- Person A receives Employee shares at an Australian startup while an AU resident. Later, person A moves overseas. While a non-resident for AU tax purposes, they exercise and sell the shares.
- Person B receives stock options from a company based overseas. Later, person B moves from Australia. While a non-resident for AU tax purposes, they exercise and sell the shares.
Aside from "deemed disposal" rules applying at the move date, in either scenario 1 or 2 would those shares later count as "Taxable Australian Property" in the future (once person A or B are a non-resident of AU)?
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