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November, 2021

Australian National Audit Office Report Recommendations from Review of R&D Tax Incentive’s Administration

November 30th, 2021

The Australian National Audit Office (ANAO)’s purpose is to support accountability and transparency in the Australian Government sector through independent reporting to the Parliament, and thereby contribute to improved public sector performance. Changes to the R&D Tax Incentive administration announced by the Government in the May 2018 budget included: additional funding for improved guidance and litigation; enhanced compliance activities; and ICT system improvements. As reported earlier in 2021, the ANAO has undertaken a review of the administration of the R&D Tax […]

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New AAT case affirms structure where business operating as a trust and notionally invoicing R&D costs to associate company is NOT valid

November 26th, 2021

An AAT Case in November 2021 (XQDX v FC of T)  has affirmed that a structure where a business operating as a trust and notionally invoicing R&D costs to associate company is NOT valid for the purposes of the R&D Tax Incentive. The facts were broadly as follows: The Applicant (a company and the claimed R&D Entity) was incorporated in July 2007; The claimed R&D Entity was also the trustee of a trust. A business was conducted through the trust […]

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Strike Energy (ASX:STX) Reports Receipt of $8M R&D Tax Offset in FY21 Annual Report Following Dispute Settlement

November 16th, 2021

Strike Energy previously disclosed R&D Tax Offsets in dispute with Innovation & Science Australia (ISA) in respect of the FY16 period of $6,333,638 which also had subsequent implications on R&D Tax Offsets in the FY17 period of $3,697,000. Subsequent announcements to the ASX in following initial disclosure of the dispute indicated that: The matter was before the Administrative Appeals Tribunal (AAT); The company was confident in their position and the eligibility of their claims; Strike Energy then announced to the […]

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Recent 10 Year Anniversary of the Current R&D Tax Incentive

November 12th, 2021

The R&D Tax Incentive in its current form (superseding the previous R&D Tax Concession) was originally enacted in September 2011, applying for the FY12 period. AusIndustry has recently posted on its website some success stories of Australian companies making effective use of the programme, including: Vaxxas – bringing the world new needle-free vaccine technology; RayGen – bringing new renewable energy technology to the world. It has been an interesting decade, and whilst the programme has certainly greatly supported many companies, […]

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