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ATO Guidance and Materials

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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ATO ID 2002/985 Income Tax Research and Development – 3 Year History – Additional Deduction

August 19th, 2014

Does the taxpayer satisfy the requirement of establishing a three year history outlined in paragraph 73Q(1)(b) of the Income Tax Assessment Act 1936 (ITAA 1936), for the three years preceding the 2002 financial year? Yes. The taxpayer was in receipt of an Research & Development (R&D) Start Grant for the 1999 and 2000 financial years and was registered with the Industry Research and Development Board (IRDB), under section 39J of the Industry Research and Development Act 1986 (IR&DA) for the 2001 financial year. The […]

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TD 2014/15 Income tax: when is Design Expenditure incurred by an R&D entity included in the first element of the cost of a tangible depreciating asset for the purposes of paragraph 355-225(1)(b) of the Income Tax Assessment Act 1997 (and therefore not able to be deducted under section 355-205)?

August 19th, 2014

This Taxation Determination is concerned with where an R&D entity 1 incurs expenditure on various stages of design activities ( Design Expenditure ), connected with it beginning to hold a tangible depreciating asset, where that expenditure also falls within the terms of section 355- 205.2 This expenditure will typically be incurred in cases where the R&D entity is constructing the asset itself, or having another entity construct it on its behalf, as distinct from acquiring the asset ‘off the shelf’. […]

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