With ESIC's for example the rule holds true to the extent of the early stage test, a company incorporation date cannot be taken back, however I'd like to disagree with the principal overall.
As an early stage business looking at the new tax rules it is easy to assume to wait until you accrue some points towards the objective innovation test. Fair enough, lets wait until our patent application is approved or how about we apply for a commercialisation Australia grant and look into it then. You are just too busy!
We'll so far those strategies have proven wrong about 8 out of 10 times.
We are seeing most grant recipients and patent holders excluded. Not because they don't have the 100 points, quite the contrary, its the income / expense / age tests that these companies are failing.
Like any serious undertaking, you need to plan your funding round and ESIC draw card. Take a closer look at the R&D and accelerator points and or consider a private ruling. Put the wheels in motion at least 3 months ahead of closing your investors and perhaps you can hold onto more of the business whist building the runway you need to succeed.
Don't be surprised if its too late otherwise,