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Devinp(Newbie)Newbie
18 Aug 2024

I’m about to submit my first tax returns but having a problem with 1 income. Appreciate if someone can help.


In 2021 while working in Sri Lanka I got employee share options. I became an Australian tax resident from 15th of July 2024. In 2024 November I sold the shares and the capital gain was $4000.. How should I declare for tax please ?


Am I getting taxed for the entire 4000 or should I calculate the capital gain portion pertaining to the my Australian tax residency period ? Also am I eligible for the 50% capital gains discounts as I had my shares for more than a year ??


so for an example is this calculation correct ?


% gain during Australian residency (assuming gain is evenly distributed over time) 4/36*100% = 11.11


Therefore taxable gain = 4000*11% =444.44


After 50% capital gains discount =444.44 *50% = 222.22


so is it correct to mention 222.22 under foreign income ?


OR is it incorrect to assume that the capital gain is evenly distributed? Should I calculate precisely the gain after becoming an Australian tax resident


Really appreciate your help as this is my first time.








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Matt_ATO(Community Support)Community Support
20 Aug 2024

Howdy @Devinp,


It depends. ESS can be tricky; we'd need to know details of your arrangement including the type of scheme. Did you pay tax on your discount you received for your shares?


If you write to us for tailored technical assistance and include a copy of your agreement and relevant info we'd be able to let you know the treatment.

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Most helpful reply

Matt_ATO(Community Support)Community Support
20 Aug 2024

Howdy @Devinp,


It depends. ESS can be tricky; we'd need to know details of your arrangement including the type of scheme. Did you pay tax on your discount you received for your shares?


If you write to us for tailored technical assistance and include a copy of your agreement and relevant info we'd be able to let you know the treatment.

Devinp(Newbie)Newbie
25 Aug 2024

Thanks for the reply. Yes I did pay taxes in Sri Lanka. (Company reduced the applicable tax amount before releasing the capital gains ) It’s just that I got the capital gain directly to my Australian account. If I pay taxes in Australia, the capital gain is getting taxed twice.


Unfortunately I can’t find the share agreement I had as I quit the company after moving to Australia. :/ it was a scheme where I had to set aside some pre agreed amount on a monthly basis. Company automatically deducted the amount and the relevant tax amounts on behalf of all employees.

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