Article: Venture Capital- Clearing the Exit for Foreign Participants.

The Australian Parliament passed 2 major pieces of legislation in mid December dealing with the exemption of capital gains tax ("CGT") in the case of disposal of non-resident venture capital equity investments in Australia. The laws were:

Venture Capital Act 2002; and

Taxation Laws Amendment (Venture Capital) Act 2002

The former Act includes rules relating to registration of certain non-resident venture capital entities in order to access CGT exemption and the latter amends the Income Tax Assessment Act 1997 by the introduction of a new subdivision 118F titled " Venture Capital Investment" containing the provisions relating to CGT exemption.

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