Tax Laws Amendment (Tax Incentives for Innovation) Act 2016 (54 of 2016)
Schedule 2 Venture capital investment
Part 5 Requirements for entities in which VCLPs, ESVCLPs and AFOFs invest
Income Tax Assessment Act 1997
30 Paragraphs 118-427(4)(a) to (c)
Repeal the paragraphs, substitute:
(a) more than 75% of the assets (determined by value) that are assets of either:
(i) the unit trust; or
(ii) any entity controlled by the unit trust in a way described in section 328-125 (a controlled entity );
must be used primarily in activities that are not ineligible activities mentioned in subsection (14) of this section;
(b) more than 75% of the persons who are employees of either or both of the following:
(i) the trustee of the unit trust;
(ii) any one or more of the unit trust's controlled entities;
must be engaged (as such employees) primarily in activities that are not ineligible activities mentioned in subsection (14) of this section;
(c) more than 75% of the total assessable income, *exempt income and *non-assessable non-exempt income of:
(i) the unit trust; and
(ii) each of its controlled entities;
must come from activities that are not ineligible activities mentioned in subsection (14) of this section.