Legislation and Parliamentary Matters

Recent media coverage over concerns for proposed 10 year limit to Refundable R&D Tax Offset Eligibility

July 13th, 2026

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 on […]

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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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New Federal court matter (May 2026) finds the occurrence of R&D Tax evasion schemes

June 5th, 2026

A federal court case, with a judgement dated 28 May 2026 has declared that a respondent contravened s 290-50(1) of the TAA regarding several taxpayer schemes involving the R&D Tax Incentive. The R&D Tax Incentive has been a focus of the TPB and ATO in recent years, with several published matters involving the promotion and misuse of the incentive to make aggressive or invalid claims. Substantial penalties can be imposed and should significantly deter advisors and companies seeking to misuse the benefits available […]

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Significant concerns over announcement in May 2026 to limit Refundable R&D Tax Offset to firms operating less than 10 years

May 18th, 2026

Swanson Reed’s initial analysis of the R&D announcements in May 2026 are summarised here. After we considered these proposed changes in greater detail, we are particularly alarmed about a proposed change announced in the Budget to the R&D Tax Incentive that we feel has not been communicated well nor understood by those whom it may impact… We fear the announced proposal to limit access to the Refundable R&D Tax Offset to firms operating less than ten years will be determined based on an […]

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