ATO Guidance and Materials

Law now passed to exclude tobacco and gambling activities from eligibility under R&D Tax Incentive

July 2nd, 2026

The December 2024 Mid‑Year Economic and Fiscal Outlook (MYEFO) was released by the Government on 18 December 2024 and announced that The Government will exclude activities related to gambling and tobacco from Research and Development Tax Incentive eligibility for income years starting on or after 1 July 2025. This proposal can probably be linked to the transparency reporting of R&D claimants and public reaction regarding large claims made by gaming software companies.   The Government then released an exposure draft in December 2025, […]

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Representatives from Australia’s biotech and health tech sector express concerns on proposed changes to Refundable R&D Tax Offset

June 22nd, 2026

In the Federal Budget handed down on 12 May 2026, The Government proposed major structural changes to the R&D Tax Incentive (RDTI). These changes are proposed to commence on 1 July 2028. Proposed reforms include: Increasing the offset for experimental ‘core’ R&D by around 25 to 50 per cent and removing eligibility for expenditure that only supports R&D. The intensity threshold will reduce from 2 per cent to 1.5 per cent, providing higher offsets to firms undertaking substantial core R&D. Expenditure […]

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New DISR Guidance on Artificial intelligence-related R&D activities

June 11th, 2026

In recent years, claims related to AI activities have increased, and as expected, DISR has published new specific guidance for the sector.   The new guidance released in June 2026 complements the Hypothetical Machine Learning case study issued in 2024.   Some key extracts from the June 2026 guidance includes: Using an AI model or technique that is new to you does not, by itself, mean the activity is eligible for the program. For an AI-related activity to be eligible as a core R&D […]

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Deadline approaching for lodgement of Overseas Findings for R&D Activity first conducted in FY26

June 4th, 2026

Companies seeking to claim expenditure for overseas activity incurred by an Australian company under the R&D Tax Incentive must apply separately to claim these costs by first lodging an Overseas Finding Application with AusIndustry. In addition to general eligibility criteria, there are specific and extensive rules to determine whether expenditure on overseas activities is eligible under the R&D Tax Incentive. Generally, expenditure incurred by Australian companies on R&D activities conducted overseas can only be eligible for the R&D Tax Incentive where: The […]

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