Case Law

Tier Toys Limited v Commissioner of Taxation [2014] AATA 156

March 26th, 2014

The AAT has upheld the Commissioner’s decision to reduce a taxpayer’s claim for the research and development (R&D) tax offset because the latter could not prove that the disputed expenditure was incurred. Facts The taxpayer was incorporated in 2006. It registered its R&D project for the 2006/07 income tax year with AusIndustry. The R&D activities involved manufacturing a children’s multi-layered “stacker” toy using an experimental and novel injection moulding process. The taxpayer claimed expenditure that included fees for personal services […]

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BAE Systems Australia Pty Ltd v Commissioner of Taxation Australia [2008] FCA 18

March 13th, 2014

In the matter of BAE Systems Australia Pty Ltd v Commissioner of Taxation, the Federal Court of Australia (FCA) reviewed whether the applicant, BAE Systems, is entitled to deductions under s 73B of the Income Tax Assessment (ITA) Act 1936. Background: The applicant taxpayer appeals from the Commissioner’s disallowance of objections made by the applicant in respect of amended income tax assessments issued by the Commissioner for the years of income ending on 31 March of 1993, 1994 and 1996. […]

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Bartercard Australia Pty Ltd and Commissioner of Taxation [2010] AATA 1058

March 10th, 2014

Regarding the matter of Bartercard Australia and Commissioner of Taxation, the Administrative Appeals Tribunal (AAT) assessed what classified as income for Bartercard under the Income Tax Assessment (ITA) Act 1997 and whether expenditure by Bartercard on R&D was deductible under the special rules in s. 73B of the ITA Act 1936. Background: Bartercard received payments from terminating members in the total sum of $711,053.31 for the year ended 30 June 2002 and total $623,532.06 for the year ended 30 June […]

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HZXD and Innovation Australia [2010] AATA 879

March 7th, 2014

In the matter of HZXD and Innovation Australia, the Administrative Appeals Tribunal (AAT) reviewed the decision of Innovation Australia that a biometric project developed by HZXD did not satisfy the definition of R&D as defined in s. 73B (1) of the Income Tax Assessment (ITA) Act 1936. Background: The applicant, a company, as part of their income tax return had made a claim under the R&D Tax concession for their project entitled “Development of Face Recognition Car Parking ASP System”. […]

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