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.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).