Tax Laws Amendment (Tax Incentives for Innovation) Act 2016 (54 of 2016)
Schedule 2 Venture capital investment
Part 3 Removing the ESVCLP divestiture registration requirement
Income Tax Assessment Act 1997
13 After section 118-407
Insert:
118-408 Partial exemption for some capital gains otherwise fully exempt under section 118-407
(1) Despite section 118-407, you get only a partial exemption for a *capital gain from a *CGT event relating to an *eligible venture capital investment if:
(a) apart from this section, all of your share in the capital gain from the CGT event relating to the investment would be disregarded under section 118-407; and
(b) at the end of an income year to which subsection (4) applies (a valuation year ), the sum of the values of:
(i) the assets of the company or unit trust in which the investment is made; and
(ii) the assets of each other entity that is a *connected entity of the company or unit trust;
exceeds $250 million; and
(c) the CGT event happens after:
(i) if there is only one valuation year - the end of the period of 6 months after the end of that valuation year; or
(ii) if there is more than one valuation year - the end of the period of 6 months after the end of the earliest of those valuation years.
(2) If subsection (1) applies, work out your *capital gain using the formula:
where:
normal capital gain is what your *capital gain from the *CGT event would be apart from section 118-407 and this section.
valuation year capital gain is the capital gain you would have made in relation to the *CGT event if the CGT event had happened:
(a) if there is only one valuation year - at the end of the period of 6 months after the end of that valuation year; or
(b) if there is more than one valuation year - at the end of the period of 6 months after the end of the earliest of those valuation years.
(3) Despite subsection (2), you are taken not to have a *capital gain, or a *capital loss, from the *CGT event if the amount worked out under the formula in that subsection would be less than zero.
(4) This subsection applies to any income year that:
(a) precedes the income year in which the *CGT event happens; but
(b) does not precede the income year in which the investment was made.
Note: There must always be at least one valuation year, because paragraph 118-407(1)(d) ensures the CGT event will not happen in the year the investment was made.
(5) Section 118-407 does not apply in relation to a *CGT event if this section applies in relation to the CGT event.
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