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ATO Guidance and Materials

TR 2013/3 Income tax: research and development tax offsets: feedstock adjustments

August 19th, 2014

Summary of 104 160 689 matter Taxation Ruling: TR 2013/3A1 – Addendum Click Here  GHP 104 160 689 Pty Ltd v. Commissioner of Taxation Click Here Decision Impact Statement – GHP 104 160 689 Pty Ltd Click Here *This must be read in conjunction with Taxation Ruling: TR 2013/3A1 – Addendum Paragraph 355-465(1)(a) sets out the first condition for a feedstock adjustment to arise. This paragraph refers to three tests that must be satisfied for the first condition to be […]

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ATO ID 2014/11 Income Tax Research and Development: building expenditure

August 19th, 2014

Does the exclusion for ‘expenditure incurred in the acquisition or construction of a building’ in the definition of ‘research and development expenditure’ in subsection 73B(1) of the Income Tax Assessment Act 1936 (ITAA 1936) only include structural elements that form the building? No. ‘Building’ for the purposes of subsection 73B(1) of the ITAA 1936 also includes ‘a part of’ a building. For this purpose, ‘a part of’ a building takes on its ordinary meaning and refers to structural components of a building […]

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ATO ID 2013/12 Income Tax Research and Development: transitional substituted accounting period (SAP) access to research and development tax incentive

August 19th, 2014

Is a transitional substituted accounting period (SAP) of less than 12 months that commences on or after 1 July 2011, for which an assessment is issued under section 168 of the Income Tax Assessment Act 1936 (ITAA 1936), an ‘income year’ to which Part 1 of Schedule 4 of the Tax Laws Amendment (Research and Development) Act 2011 (the R&D Act) applies, for the purposes of Division 355 of the Income Tax Assessment Act 1997 (ITAA 1997)? Yes. A transitional SAP year of less than 12 […]

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ATO ID 2013/11 Income Tax Research and Development – tax incentive – combination of exempt entities

August 19th, 2014

Will Item 2 of the table in subsection 355-100(1) of the Income Tax Assessment Act 1997 (ITAA 1997) apply to a company when two or more exempt entities who are not affiliates, together beneficially own interests in the company carrying more than 50% of the voting rights or rights to a distribution of income or capital? Yes. Item 2 of the table in subsection 355-100(1) of the ITAA 1997 will apply to the company where two or more exempt entities, irrespective of […]

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