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Encouraging innovation? Assessing Subdivision 360-A’s tax incentives


Data from tax returns lodged in 2016-17, the first year in which Subdiv 360-A’s tax incentives for investments in early stage innovation companies were available, shows that approximately $300m was invested in some 340 early stage innovation companies by a total of around 3400 ‘angel investors’. The data does not however indicate how much of that was invested because of the tax incentives and how much would, in all probability, have been invested anyway. The incentives, a non-refundable carry-forward tax offset of 20% of the value of the investment (up to a maximum tax offset cap of $200,000) nd a ‘modified CGT treatment’ (which disregards any capital gains realised when the shares are disposed of – provided they have been held for between one and ten years), are, on their face, generous.

Author profile

Prof Stephen Graw
Stephen is a Professor of Law & Head of the Law School at James Cook University. He teaches mainly in the areas of contract, business and taxation law - in the Law and Business degrees as well as in a Master of Professional Accounting program. He is a regular contributor to conferences and is the author or co-author of five textbooks dealing with a range of commercial law topics. Outside the University he is the Deputy Chair of the Port of Townsville Ltd, Chairs its Finance, Audit and Risk Management Committee and is a member of its HR Committee. - Current at 25 May 2009
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