Case Law

Moreton Resources Limited v Innovation and Science Australia [2019] FCAFC

July 25th, 2019

This matter has been appealed to the Federal Court. Introduction: A recent decision has been handed down by the Full Federal Court in the case Moreton Resources Limited v Innovation and Science Australia [2019] FCAFC 120. The decision is still subject to appeal however shows clarification in disputes with existing R&D technology at new sites. Background: A previous AAT decision in September 2018 had determined that R&D Activities registered by Moreton Resources Limited were not R&D Activities in accordance with […]

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Ultimate Vision Inventions Pty Ltd and Innovation and Science Australia (Taxation) [2019] AATA 1633 (27 June 2019)

July 9th, 2019

Introduction A recent case heard in the AAT has affirmed a previous decision by Innovation and Science Australia (AusIndustry) finding that Activities registered under the R&D Tax Incentive were not in accordance with the legislative requirements. The case: Ultimate Vision Inventions Pty Ltd and Innovation and Science Australia (Taxation) [2019] AATA 1633 refers to a company that registered R&D activities for the FY14 and FY15 periods. Background The project related to the development of an integrated health and fitness program and cloud-based […]

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Moreton Resources Ltd and Innovation and Science Australia (Taxation) [2018] AATA 3378 (10 September 2018)

September 18th, 2018

Introduction The case Moreton Resources Ltd and Innovation and Science Australia (Taxation) [2018] AATA 3378 refers to a mining company that registered R&D activities for the years 2012, 2013 and 2014. After an examination of the registrations, Innovation and Science Australia (ISA) determined that these activities were ineligible for the R&D Tax Incentive. The company had been subject to a number of adverse compliance reviews under the old R&D Concession, however they continued to claim. Background On 14 May 2015, […]

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Rix’s Creek Pty Limited; Bloomfield Collieries Pty Limited v Innovation Australia [2017] AATA 645

May 26th, 2017

Introduction The case Rix’s Creek Pty Limited; Bloomfield Collieries Pty Limited and Innovation Australia [2017] AATA 645, refers to two related mining companies which registered and claimed for the R&D Tax Concession for the years 2008 to 2012. After reviews were conducted on the claimed activities, Innovation and Science Australia found that the majority of the activities were not eligible for the R&D assistance. The respective companies opposed this decision and applied to the Administrative Appeals Tribunal for an independent […]

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