ATO Guidance and Materials

ATO ID 2003/991 Income Tax Research and Development: additional deduction for incremental expenditure where a company has a transitional substituted accounting period

August 19th, 2014

If an eligible company in one of the three years prior to the deduction year, has lodged a return of income for a period other than 12 months, will this period represent any of the ‘Y-1, Y-2 or Y-3’ years when calculating ‘R&D spend’? No. The ‘Y-1, Y-2 and Y-3’ years will be the 12 month periods preceding the eligible company’s ‘Y0’ year (the ‘year of income’ of the eligible company), when calculating ‘R&D spend’ for the purpose of sections […]

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ATO ID 2003/990 Income Tax Research and Development: additional deduction for incremental expenditure where a group member company has a substituted accounting period

August 19th, 2014

If an eligible company is grouped with another company that has a different accounting period, is the ‘year of income’ referred to in paragraph (b) of the definition of ‘R&D spend’ in subsection 73P(2) of the Income Tax Assessment Act 1936 (ITAA 1936) that of the eligible company, and not that of the group member? Yes. The eligible company’s ‘year of income’ is used when calculating an amount under paragraph (b) of the definition of ‘R&D spend’ in subsection 73P(2) of the […]

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ATO ID 2003/989 Income Tax Research and Development Tax Offset: eligibility where a group member company has a substituted accounting period

August 19th, 2014

If an eligible company is grouped with another company that has a different accounting period, is it the eligible company’s ‘tax offset year’ that is used when determining the group ‘aggregate research and development amount’ and the ‘R&D group turnover’ amount, and not the ‘year of income’ of the group member? Yes. The eligible company’s tax offset year is used when calculating the group aggregate research and development amount for the purposes of paragraph 73J(1)(c) of the Income Tax Assessment Act […]

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ATO ID 2003/343 Income Tax R&D tax offset: ‘R&D group turnover’ – licence fees payable over more than one year of income

August 19th, 2014

What amount is included by the company in calculating the amount of ‘R&D group turnover’ for the purposes of determining the company’s entitlement to the research and development (R&D) tax offset under section 73J of the Income Tax Assessment Act 1936 (ITAA 1936), where a licence fee under an agreement is payable over four years of income?  The amount included in the calculation of the company’s ‘R&D group turnover’ for the current year of income, for the purposes of determining […]

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