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August, 2014
ATO ID 2005/86 Income Tax Research and Development Tax Offset: ‘R&D group turnover’ where ownership of interests in an eligible company by an entity in capacity as trustee
August 19th, 2014Where an eligible company is controlled by a person in a capacity as trustee, is the ‘value of supplies’ made by this person, as defined by subsection 73H(2) of the Income Tax Assessment Act 1936 (ITAA 1936), based only on those supplies made by it as trustee? Yes. The ‘value of supplies’ made by the person in its capacity as trustee, to be included in the ‘R&D group turnover’ of the eligible company under section 73K of the ITAA 1936, is based […]
ATO ID 2005/23 Income Tax Research and Development Tax Offset: legal ownership of interests in a company by an exempt entity
August 19th, 2014Does an exempt entity legally own interests in a company within the meaning of subsection 73J(2) of the Income Tax Assessment Act 1936 (ITAA 1936), where the Corporations Act 2001 requirements for membership of a company have not been met? No. The exception in subsection 73J(2) of the ITAA 1936 will not operate to preclude a company from choosing a tax offset under section 73I of the ITAA 1936 where the exempt entity is not a member of the company under the Corporations Act. […]
ATO ID 2004/973 Income tax Research and Development: Additional deduction for incremental expenditure where a company has a transitional substituted accounting period in relation to the ‘deduction year’
August 19th, 2014If an eligible company lodges a return of income for a period other than 12 months, will this period represent the ‘year of income’ (the ‘deduction year’ ) for the purposes of determining the company’s eligibility to claim an additional deduction for incremental expenditure, and also represent the ‘Y0 year’ when calculating ‘R&D spend’? No. The ‘deduction year’ for the purposes of section 73Q of the Income Tax Assessment Act 1936 (ITAA 1936), and the ‘Y0 year’, when calculating the ‘R&D spend’ under section 73P of the ITAA […]
ATO ID 2004/871 Income Tax Research and Development: clawback (section 73C) for grants and recouped expenditure and the Pharmaceutical Industry Investment Program
August 19th, 2014Must a company apply the ‘clawback’ provisions of section 73C of the Income Tax Assessment Act 1936 (ITAA 1936) to all or part of the payments received under the Pharmaceutical Industry Investment Program (PIIP)? Yes. The clawback provisions of section 73C of the ITAA 1936 apply to the research and development (R&D) component of PIIP payments received, as the requirements of subsection 73C(2) are satisfied. The taxpayer is an ‘eligible company’, as defined in subsection 73B(1) of the ITAA 1936, […]
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Daniel McGregor2022-08-11I have been using Swanson Reed for my clients for more than a decade. Having a specialist firm that can provide practical and commercial advice that produces real outcomes is very important and we have received great feedback from our clients. Highly recommended.
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Gary Watson2022-05-31We can highly recommend Swanson and Reed as an R & D accountant. We have worked with them for several years now as they make our R & D claim so easy and communicate quickly with both us and our accountant.
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News & Research
News & Research
News & ResearchThe matter concerns an individual charged by the Commonwealth DPP for attempting to unlawfully obtain a refund under the R&D Tax Incentive. Before being charged, the taxpayer was compulsorily examined by the ATO. The individual had applied to stay the […]
2023 Annual Report for IISA: Update on R&D Tax Legal matters and litigation
Industry Innovation and Science Australia (IISA) is the government department responsible for determining whether companies’ activities meet the legislative criteria eligible under the R&D Tax Incentive. The 2022-23 Annual Report for IISA was recently released, and a section of the […]
