Private ruling: Early-stage innovation company eligibility
Date of advice: 2 June 2026
Published: 17 August 2026
Ruling period: DDMMYYYY to DDMMYYYY
Date scheme commenced: DDMMYYYY

Ruling: Q1: Does the Company meet the criteria of an Early-Stage Innovation Company (ESIC) under subsection 360-40(1) of the Income Tax Assessment Act 1997 ('ITAA 1997') for the periods DDMMYYYY to DDMMYYYY? | A1: Yes.

Relevant facts and circumstances: Background Facts The Company is an Australian proprietary company incorporated in Australia on DDMMYYYY. The Company is not part of an income tax consolidated group and has one subsidiary. The Company's registered office and principal place of business is situated at XXX. For the financial year ending DDMMYYYY the Company incurred and earned the following: total expenses of less than AUD$1million and total assessable income of less than AUD$200,000. The Company's equity interests are not listed for quotation in the official list of any stock exchange, either in Australia or a foreign country. Company Structure The Company was able to demonstrate how the company structure is distinguished from the decision of the Administrative Appeals Tribunal in ZWBZ and Commissioner of Taxation (2024) AATA 2026 (18 June 2024). Product Development The Company is developing a new software platform for the transport industry. Commercialisation Strategy The Company is solely focused on commercialising its novel and innovative technology. The Company is genuinely focused on commercialisation. The Company's development and commercialisation team are fully committed to the translation of its product ideas into reality and have established a business structure and plan to do so. High Growth Potential The value proposition of the Company's product addresses a local and international readily addressable market opportunity of approximately $X based on research conducted by the Company. The Company's market during the first several years of commercial operation is likely to include those regions/countries that have regulatory frameworks that are defined as easy to navigate. Scale up the business. The Company's business model is scalable and is based upon the building on the innovation and commercial success achieved. Prior to entering global markets, development work needs to be undertaken to meet regulatory requirements, identify and substantiate product claims and then, gain product acceptance in the market as a solution to the market's problems and aspirations. Broader than Local Market The Company has identified the global market is large and continues to grow. The opportunity to develop new products in this market appears to be significant. Product differentiation and reputation enhancement could possibly lead to an increase in global market share through sustainable competitive advantage. Competitive Advantages The Company is an Australian Company that will be creating Australian jobs and products powered by Australian innovation, and accordingly eligible for certain grant funding and co-funded opportunities. The Company is the only Company in Australia, that is known to be on the path to developing this software platform. The Company owns all improvements made to the Company's intellectual property. The Company is confident that being the first business to develop its platform it will have significant potential value in the market. Intellectual Property: The Company owns the IP created in the development of the platform and is considering international IP protection. The Company has considered IP protection from competitors replicating the platform. The Company has taken steps to maintain any 'first mover advantage'. Information provided: The Company has provided several documents containing detailed information in relation to the Company's platform, including: Private Binding Ruling ('PBR') Application dated DD MM YYYY. Various documents. We have referred to the relevant information within these documents in applying the relevant tests to your circumstances.

Relevant legislative provisions: Income Tax Assessment Act 1997 Subdivision 360-A | Income Tax Assessment Act 1997 section 360-15 | Income Tax Assessment Act 1997 section 360-40 | Income Tax Assessment Act 1997 section 360-45 | Income Tax Assessment Act 1997 section 974-70(1)