On 15 February 2016 the Federal Treasury released a consultation paper on new tax incentives for early stage investors, which is part of the National Innovation and Science Agenda (NISA) announced by the Government on 07 December 2015.

The Treasury has indicated that the new tax incentives for start-ups will provide investors with:

• a 20 per cent non‑refundable tax offset based on the amount invested either directly in the qualifying startup or indirectly through a fund, up to an offset cap per investor of $200,000 per year;
• for direct investment, a capital gains tax (CGT) exemption on those investments, provided they are held in the qualifying company for at least three years; and
• for indirect investment through a fund, a CGT exemption on distributed capital gains provided the underlying investment was held for at least three years.

The consultation paper seeks to develop the eligibility criteria for tax incentives for early stage investors. The key qualifying definitions which the Government is committed to develop in consultation with stakeholders include the concepts of investor, fund, start-up company, and direct and indirect investment.

Submissions must be submitted to Treasury by 24 February 2016.

To discuss this article, or for further information please contact:

Daniel Smedley
Principal | Accredited Specialist in Tax Law
Sladen Legal
M +61 411 319 327| T +61 3 9611 0105
dsmedley@sladen.com.au

Patricia Martins
Legal Executive / Project Manager
Sladen Legal
T +61 3 9611 0138
pmartins@sladen.com.au