Case Law

Desalination Technology Pty Ltd v Commissioner of Taxation [2013] AATA 846

December 11th, 2013

Federal Court Decision – FCT v  Desalination Technology Pty Ltd Click Here Full Federal Court Decision – FCT v Desalination Technology Click Here This article is about the original Administrative Appeals Tribunal decision on matters of fact.  Please click here if you would like to access the Federal Court Appeal. In the matter of Desalination Technology Pty Ltd and Commissioner of Taxation [2013] AATA 846 (29 November 2013) (DST), the Administrative Appeals Tribunal (AAT) assessed whether the taxpayer was eligible for […]

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Ozone Manufacturing vs Commissioner of Taxation: Lessons in good record-keeping [2013] AATA 420

November 19th, 2013

In the case of Ozone Manufacturing Pty Ltd v Commissioner of Taxation, the Administrative Appeals Tribunal has affirmed the Commissioner’s decision to refuse a taxpayer’s claim for a tax offset under s 73I ITAA 1936 for the 2001-2002 tax offset year. Background In 2002, the company registered its R&D activities with”AusIndustry. In its 2001-02 tax return, the taxpayer included an election to claim an R&D tax offset of $388,601. Following a tax audit, the Commissioner issued a notice under s 73IA of […]

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Vision Intelligence Pty Ltd and Commissioner of Taxation [2013] AATA 527

October 23rd, 2013

The recent AAT decision, Vision Intelligence Pty Ltd and Innovation Australia [2013] AATA 527 was a taxation appeals case that related to a taxpayer’s calculation of expenditure items within its R&D tax claim submission and the possible penalties the ATO may impose on that taxpayer for recklessness in the calculation. This case is relevant to companies that wish to reassess their ‘risk profile’ and ‘reasonable care’ position with respect to the R&D Tax Incentive. Background Vision Intelligence (or the Applicant) engaged a management […]

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Mount Owen Pty Ltd and Innovation Australia [2013] AATA 573

October 18th, 2013

The recent AAT decision, Mount Owen Pty Ltd and Innovation Australia [2013] AATA 573 was a well resourced AAT case that related to the R&D activities conducted by a large coal producer.  It is relevant to companies that conduct R&D activities in a production environment. It is important to note that although the case references the Applicant as Hunter Valley Coal Corporation Pty Ltd, a then subsidiary of BHP Ltd, BHP had sold this company to another mining company and had no […]

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