Get ESIC verified with an ATO private ruling
Early stage innovation companies (ESIC) looking for investment can verify their ESIC status with an ATO private binding ruling. With a private ruling you can go into capital raising discussions confident that your potential investor can qualify for significant tax incentives.
Overview
To encourage investment in startups, the ATO provides generous tax incentives to qualifying investors who purchase new shares in verified early stage innovation companies. These incentives include a reduction in tax payable and Capital Gains Tax exemptions.

To qualify as an ESIC, your company will need to complete and pass two self-assessment tests - the early stage test and the innovation test. To avoid the risk of incorrect ESIC self-assessment, which may result in the investor losing their tax benefits, you can request a private ruling from the ATO to verify your ESIC status. Nifty Grants and PwC offer an easy and affordable way to do so.

Assess eligibility
Complete our ESIC tests to assess your company's eligibility and prepare an application.
PwC review
From your answers, PwC tax specialists will finalise and submit the private ruling application to the ATO.
Get ATO ruling
Receive the ATO private ruling to verify your ESIC status and fast track capital raising.
Get an ATO private ruling application prepared by PwC.
Take a tour
Real time eligibility
Immediate responses to the early stage and 100 points ESIC tests to assist your application.
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Invite collaborators
You can invite members of your team or your accountant to flesh out the details you may not have on hand.
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PwC review
PwC tax specialists will review your application and give you feedback prior to submitting the private binding ruling application.
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Features
Simple online questions
Quick and easy ESIC questionnaire, makes applying for an ATO PBR stress free.
PwC quality
Powered by the tax specialism of PwC Australia with a high ESIC private ruling success rate.
Simple fixed pricing
One off application fee of $4,499 inc GST, so you know exactly what you're up for.
Free eligibility check
Use our free in-form eligibility check to assess your ESIC status.
Amazing support
Live-chat and email support with a tax specialist.
Complete transparency
Always know where your application is at, from beginning to end.
Who is eligible
Registered / incorporated Australian company
With $1 million or less total expenses in the last income year
Who in the last income year also had income of $200,000 or less
And are not listed on any local or foreign stock exchange
What you'll need
Details of incorporation
Annual expense statements
Previous years tax return
Knowledge of innovation
Investor memorandium
What you'll get
Free eligibility assessment
Chat support
PwC guidance on application
Application preparation by PwC
Submission of private ruling to ATO
Pricing
There are no surprises here! Our pricing is simple with a one-off fee of $4,499 inc GST for an ATO private binding ruling.
Have a question? Contact us to discuss
Frequently asked questions
I pass the 100 point test do I need a private ruling?
A private ruling is generally only sought for a ruling under the principles based test. However for additional certainty we can still discuss a ruling for the 100 point test if needed. Reach out to our support team below to find out more.
What is an ATO private ruling?
A private ruling is binding advice that sets out how a tax law applies to you in relation to a specific scheme or circumstance.

For ESIC status, the ATO usually make a private ruling in response to an application by, or on behalf of, a particular company Each private ruling is specific to that company, and can't be relied on by another entity.
Why should my company get a private ruling?
As the ESIC tests are meant to be objective and self-assessed a company should get a PBR if they need ATO verification of their ESIC status. This is particularly helpful for investment discussions.

Note that a PBR is based on the facts provided to the ATO and if facts change this could result in a different outcome of the ruling.
I'm an investor, can I do this?
Yes, a investor can get an application underway with a company. However, the application relates only to the facts a company has provided in their request.

Investors should also ensure they meet the criteria for investor tax incentives. If you are an investor who wants to know more, please contact us using the help link in the bottom right.
What's the difference between the principle based test and 100 point test
To qualify as an ESIC, you can meet the 100 point test where the ATO takes certain factors into account to fast track qualification including previous R&D Tax claims, participation in a qualifying accelerator program and more. If you do not pass the 100 point test, there is a second test called the principles based test which you may qualify for. This test asks more subjective questions around the type of business you are in and the activities you are undertaking.