Everything you need to know to attract and motivate top employees with an Employee Share Scheme.


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The Ultimate Guide to Employee Share Schemes

An Employee Share Scheme (ESS) is one way to attract and incentivise talent by offering a tax-efficient ownership interest in your company. Under an ESS, you can offer employees shares, or options to buy shares, in your company.

This guide explains the shared features and key differences between a share scheme and an option scheme. We also set out the five questions founders looking to set up an ESS should work through to ensure compliance with Australia’s tax laws:

  1. Is my startup eligible for the startup tax concessions?
  2. Is my ESS offer eligible for the startup tax concessions?
  3. How do I implement an ESS?
  4. What key terms should an ESS offer include?
  5. How do I value my shares for an ESS?

Featured Case Studies

Remember to think about the customers you want to attract. Do you want to distribute coupon codes and attract oneoff bargain hunters? Or build a loyal customer base that returns on a regular basis and interacts with your brand?

When we were creating our content strategy, we wanted to write content that would help our users better understand the platform. But finding interesting stories that connect with your community, hiring content writers, and optimising your content for search engines to rank can be a drain on resources for small business.

We have worked with LegalVision on our shareholders agreement, employee share scheme and a capital raise. Their fees are very reasonable compared to “name” firms and they have repeatedly gone the extra mile and demonstrate they know the startup space.

We have worked with LegalVision on our shareholders agreement, employee share scheme and a capital raise. Their fees are very reasonable compared to “name” firms and they have repeatedly gone the extra mile and demonstrate they know the startup space.


LegalVision is a market disruptor in the commercial legal services industry. Their innovative business model and custom-built technology allow their lawyers to provide a faster, better quality and more cost-effective client experience. LegalVision is a leader in delivering legal services in Australia and has assisted more than 50,000 businesses. The firm was named 2018 Fastest Growing Law Firm in APAC by the Financial Times.

Learn more about the LegalVision team and our awards.

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If you have any questions about Employee Share Schemes, contact LegalVision's lawyers on 1300 544 755 or [email protected]