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Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-1 - CAPITAL GAINS AND LOSSES: GENERAL TOPICS  

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Division 118 - Exemptions  

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Subdivision 118-F - Venture capital investment  

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SECTION 118-400   What this Subdivision is about  

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You can ignore capital gains and capital losses from CGT events that relate to investments, in Australian companies and unit trusts (and in some cases foreign holding companies), that meet the requirements of this Subdivision.

These investments are made:

  • (a) through limited partnerships, known as venture capital limited partnerships or early stage venture capital limited partnerships, that are unconditionally registered under Part 2 of the Venture Capital Act 2002 ; or
  • (b) through limited partnerships, known as Australian venture capital funds of funds, that are unconditionally registered under that Part; or
  • (c) directly by foreign residents who are registered under Part 3 of that Act.

    • However, unless investments are made through early stage venture capital limited partnerships, you must be a foreign resident for this Subdivision to apply.

    Note:

    Registration of a limited partnership under Part 2 of that Act also leads to its income and losses being assessed under Division 5 of Part III of the Income Tax Assessment Act 1936 on the basis that it is a partnership.

    This is an exception to the general rule, under Division 5A of that Part, that limited partnerships are assessed as companies.
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