Taxation Laws Amendment (Venture Capital) Act 2002 (136 of 2002)

Schedule 3   Capital gains tax treatment of carried interests

Income Tax Assessment Act 1997

15   At the end of section 136-15

Add:

(3) You make a *capital gain from *CGT event K9 (about carried interests) only if one of the items in this table is satisfied.

CGT event K9

Item

In this situation:

This requirement is satisfied:

1

The *capital proceeds from the event would have been your *ordinary income if section 118-21 did not apply

The proceeds are *derived from an *Australian source

2

The *capital proceeds from the event would not have been your *ordinary income even if section 118-21 did not apply

If the proceeds were your *ordinary income, they would have been *derived from an *Australian source