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ATO Guidance and Materials

Updated R&D Tax Incentive guidance published on ATO Website

January 11th, 2023

In various R&D Tax Incentive updates attended by ATO personnel over the past year it had been indicated that refreshed R&D Tax Incentive guidance material would likely be published by the end of 2022. Updates to the R&D Tax Incentive content on the ATO website have now been made and it’s noted on the main R&D Tax Incentive section of the ATO website that content was  ‘Last modified: 22 Nov 2022’. The main updates appear to be in relation to […]

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Updated AAT Decision (Moreton Resources Ltd V IISA) Finds Some Disputed Activities Were R&D Activities

November 25th, 2022

Last decade, there were a number of R&D Tax Disputes heard by the courts with the majority of decisions seeming to find in favour of the regulators that claims (most of which were large) were not eligible. The original Federal Court decision in 2019 regarding Moreton Resources Ltd and Industry Innovation and Science Australia was big news at the time, since it represented one of the few matters where a decision was ruled even partially in favour of a taxpayer. […]

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New AAT Case Finds in Favour of Applicant Reinstatement of Review

November 9th, 2022

A recent AAT decision handed down in November 2022 (Active Sports Management Pty Ltd and Industry Innovation and Science Australia) has allowed a company seeking review of an AusIndustry decision to be reinstated, on the grounds that the review was dismissed in error. The AAT found that while the company did not comply with certain directions from the Tribunal, they had made an effort in obtaining expert evidence and preparing submissions in support of its case. We understand that this […]

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New AAT Case re: R&D Entity Claiming Overseas Moulds/Assembly etc. Without an Overseas Finding

November 4th, 2022

A new AAT decision handed down in October 2022 (T.D.S BIZ PTY LTD and Commissioner of Taxation) considered the case of an R&D Entity attempting to claim the cost of overseas moulds, fabrication, CAD and assembly within their R&D Tax Incentive claim without having first attained an Overseas Finding from AusIndustry. This is one of the only administrative decisions to consider the specific issue of: Is R&D expenditure related to the cost of components for conducting R&D activity in Australia; […]

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