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Edited version of your written advice

Authorisation Number: 1051361986624

Date of advice: 17 April 2018

Ruling

Subject: Investor Eligibility to the tax incentives for investing in a qualifying Early Stage Innovation Company

Question

Is the investor, a trust, entitled to the tax offset and modified capital gains treatment for shares in a qualifying Early Stage Innovation Company under Subdivision 360-A of the Income Tax Assessment Act 1997 (ITAA 1997) for the year ending 30 June 2018?

Answer

Yes

This ruling applies for the following period:

Year ending 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

The trust is a discretionary trust.

The trust is considering investing in a qualifying ESIC.

The trust is seeking to invest as a Sophisticated Investor.

The ESIC will issue new shares in the form of ordinary equity interests.

Neither the trust nor it’s beneficiaries are affiliates of the ESIC.

Relevant legislative provisions

Income Tax Assessment Act 1997 Subdivision 360-A

Reasons for decision

Tax incentives for early stage investors in innovation companies

Entitlement to the tax offset – Section 360-15

Limited entitlement for certain kinds of investors – Section360-20

Sophisticated Investors- sections 708(8) or (10) or (11) of the Corporations Act 2001

Other Investors

The investor and the ESIC must not be affiliates of each other – Section 328-130

30 per cent equity interest restriction – Section 328-125

Members of trusts or partnerships – Section 360-30

Modified CGT Treatment – section 360-50

Shares held for more than 12 months and less than ten years

Shares held for 10 years or more

Application to your circumstances - year ending 30 June 2018

Entitlement to the tax offset – subsections 360-15(1) and (2), 960-130(1)(3)

The investor and the ESIC must not be affiliates of each other – Sections 328-130(1), and 328-130(2), 360-15(1) and (2)

Employee Share Scheme - 360-15(1)(e)

30 per cent equity interest restriction – Section 360-15(1)(f) and (2) and 328-125

Limited entitlement for certain kinds of investors – Section 360-20(1)(a) and (b)

Entitlement to modified CGT Treatment – section 360-50(1) and (2)

Conclusion

The investor trust has demonstrated it satisfies the requirements under Subdivision 360-A of the ITAA 1997 and is entitled to the tax offset and modified capital gains treatment for shares issued by a qualifying Early Stage Innovation Company for the year ending 30 June 2018.


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