Tax and Superannuation Laws Amendment (2015 Measures No. 6) Act 2016 (10 of 2016)

Schedule 1   CGT treatment of earnout rights

Part 2   Preserving small business concessions

Income Tax Assessment Act 1997

16   After subsection 152-325(2)

Insert:

(2A) For the purposes of (but without limiting) subsection (2), the company or trust is treated as receiving the *capital proceeds in instalments if:

(a) the *CGT event happened because the company or trust *disposed of the *CGT asset; and

(b) the capital proceeds from the disposal are increased by one or more *financial benefits that the company or trust receives under a *look-through earnout right.