There are a few countries that require special annual reports for share plan transactions (in addition to regular annual payroll reports).  Australia and the UK are among these countries and are both on a fiscal year that differs from the calendar year.  The UK tax year ended on April 5 and the Australian tax year will end on June 30.

  • The UK Annual Share Plan Return (formerly known as Form 35, for tax-qualified awards, and Form 42, for non tax-qualified awards) is due to Her Majesty’s Revenue & Customs (“HMRC”) by July 6.
  • The Australian Employee Share Scheme (ESS) Return must be filed with the Australian Tax Office by August 14.  In addition, companies are required to provide their Australian employees with ESS statements by July 14.

Both returns (and the Australian ESS statements) can take a while to prepare (especially if companies need to report transactions for mobile employees and/or awards that were adjusted in a corporate transaction) and will need to be submitted electronically.

Please see our client alerts for Australia and the UK for more information on how to prepare the returns and make the submission.  We are aware that the HMRC website was affected by an outage during the month of May, so companies may have less time than normal to make the UK submission.

Our Sydney and London offices are available to assist with the preparation and submission of the returns.

Author

Barbara Klementz is the chair of Baker McKenzie’s North American Compensation Practice. She has practiced in the area of global equity and executive compensation for over 20 years. Barbara is a Thomson Reuters Stand-out Lawyer for 2024 and recognized as a ranked practitioner by Legal 500 for Employee Benefits: Transactional and by Chambers USA. Client feedback in Chambers states that "Barbara is absolutely phenomenal" and "Barbara is incredibly impressive in terms of expertise and the ability to be pragmatic and practical. She knows the laws and rules in a staggering number of countries." Barbara is admitted to private practice in California and Düsseldorf, Germany. Barbara focuses her practice on global equity compensation programs, executive compensation and employee benefits. She regularly advises multinational companies on implementing their equity compensation and other incentive programs worldwide – particularly as it relates to tax and securities law matters and exchange control regulations. Barbara also frequently advises on the treatment of such programs in corporate transactions, including mergers and acquisitions, spin-offs and divestitures, as well as on the tax treatment of cross-border employees participating in such programs.