Who is entitled to the ESVCLP tax offset
61-760 Who is entitled to the ESVCLP tax offset
General case
A *limited partner of an *ESVCLP is entitled to a *tax offset for an income year if:
the partner contributes to the ESVCLP during the income year; and
the partner is not a trust or partnership.
Members of trusts or partnerships
A *member of a trust or partnership is entitled to a *tax offset for an income year if the trust or partnership would be entitled to a tax offset, under this section, for the income year if it were an individual.
Trustees
A trustee of a trust is entitled to a *tax offset for an income year if:
the trust would be entitled to a tax offset, under this section, for the income year if it were an individual; and
in a case where the trustee has determined percentages under subsection 61‑770(2) in relation to the *members of the trust—the sum of those percentages is not 100%; and
the trustee is liable to be assessed or has been assessed, and is liable to pay *tax, on a share of, or all or a part of, the trust’s *net income under section 98, 99 or 99A of the Income Tax Assessment Act 1936 for that income year.
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