ATO Guidance and Materials

December 2024 MYEFO Announces Exclusion for Gambling and Tobacco Companies under the R&D Tax Incentive

December 18th, 2024

The 2024‑25 Mid‑Year Economic and Fiscal Outlook (MYEFO) was released by the Government on 18 December 2024.   In what is a new approach to Australian Government R&D Tax Policy changes, a restriction is being applied to specific sectors. The budget papers note: 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. Research and development activities related to gambling can exacerbate addiction […]

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Australian Government Announces details regarding Review of National R&D System

December 4th, 2024

In the May 2024 federal budget, The Albanese Government announced a strategic examination and review of Australia’s R&D system to align it with national priorities and improve outcomes. This week, Ed Husic has announced specific details to launch the review, the first such comprehensive review in nearly 20 years. The review will assess how to maximise the value of R&D investments, strengthen industry linkages, and support national priorities. The review will examine existing systems, such as the Research and Development Tax Incentive […]

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New Federal Court Decision re: Active Sports Management Pty Ltd finds R&D Activities not eligible

December 2nd, 2024

An AAT decision handed down in December 2023 (Active Sports Management Pty Ltd and Industry Innovation and Science Australia) previously found that activities in respect of development of a customised basketball shoe were not eligible under the R&D Tax Incentive. It was found in the AAT case that, “none of the Claimed Activities were core R&D activities within the meaning of subsection 355-25(1) of the ITAA 1997..” ACTIVE SPORTS MANAGEMENT PTY LTD applied to the federal court to appeal the decision and the Federal […]

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ATO Release First R&D Tax Incentive Transparency Reporting Data

October 8th, 2024

As now required by law, The Australian Taxation Office (ATO) has released its first annual Research and Development (R&D) tax transparency report on entities claiming the R&D tax offset. The information the ATO published includes: name of the R&D entity claiming the R&D tax incentive and their ABN/ACN; entity’s total expenditure on R&D (known as total notional deductions claimed – label Z in Part A of the R&D tax incentive schedule) less any feedstock adjustments (label B in Part B […]

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