Under the amendments to the R&D Tax Incentive commencing for FY22, there was no change to the definition of eligible R&D activities and R&D expenditure. However there was a significant change to the clawback mechanisms, among other changes to offset calculations and administrative processes. The FY22 changes for Clawback Adjustment processes were particularly complex. The three types of clawback events provided for within the R&D Tax Incentive include: A feedstock adjustment is triggered when a company generates sales from input costs for which a […]
The Australian Taxation Office (ATO) and AusIndustry have advised that they will host a WEBINAR on 21 FEBRUARY 2023 for stakeholders seeking to learn more about the R&D Tax Incentive. The sessions aim to provide an introduction to the R&D Tax Incentive and guidance on key eligibility requirements. The sessions are being held online and registration details are available on business.gov.au. Please get in touch with our office if you would like to speak to someone about a potential R&D […]
In various R&D Tax Incentive updates attended by ATO personnel over the past year it had been indicated that refreshed R&D Tax Incentive guidance material would likely be published by the end of 2022. Updates to the R&D Tax Incentive content on the ATO website have now been made and it’s noted on the main R&D Tax Incentive section of the ATO website that content was ‘Last modified: 22 Nov 2022’. The main updates appear to be in relation to […]
Last decade, there were a number of R&D Tax Disputes heard by the courts with the majority of decisions seeming to find in favour of the regulators that claims (most of which were large) were not eligible. The original Federal Court decision in 2019 regarding Moreton Resources Ltd and Industry Innovation and Science Australia was big news at the time, since it represented one of the few matters where a decision was ruled even partially in favour of a taxpayer. […]