Tax Laws Amendment (2007 Measures No. 2) Act 2007 (78 of 2007)

Schedule 8   Venture capital

Part 2   Early stage venture capital limited partnerships

Income Tax Assessment Act 1997

130   Before section 118-430


118-428 Additional investment requirements for ESVCLPs

(1) The additional investment requirements for ESVCLPs , for an investment in a company or in a unit trust, are:

(a) if the entity making the investment does not, when the investment is made, own any other investment in the company or unit trust:

(i) *shares in the company; or

(ii) units in the unit trust;

are not, when the investment is made, listed for quotation in the official list of a stock exchange in Australia or a foreign country; and

(b) if the investment is *pre-owned when the investment is made:

(i) the entity already owns investments in the company or unit trust; or

(ii) the entity will, in connection with making the investment, make other investments in the company or unit trust, some or all of which are not pre-owned; and

(c) if the investment is pre-owned when the investment is made - the sum of:

(i) the value of the investment when the entity makes it; and

(ii) the total value of all the other investments that the entity owns at that time;

does not exceed 20% of the partnership’s *committed capital.

Note: See subsection (3) for the value of investments.

(2) An investment is pre-owned if it was issued or allotted to an entity other than the entity that owns the investment. However, the investment is not pre-owned if it:

(a) was issued:

(i) to an underwriter or sub-underwriter of the issue of the investment; or

(ii) to a person for the purpose of being offered for sale; and

(b) was still held by the underwriter, sub-underwriter or person immediately before being acquired by the entity that now owns the investment.

(3) The value of an investment of an entity at a particular time for the purposes of this section is the value of the investment as shown in:

(a) the last audited accounts prepared for the entity for the purposes of the Corporations Act 2001 that relates to a period ending less than 18 months before that time; or

(b) a statement, prepared in accordance with the *accounting standards and audited by the entity’s auditor, showing that value as at a time no longer than 12 months before that time.