In the case of JLSP v Innovation Australia [2016] AATA 23 the Administrative Appeals Tribunal (AAT) considered whether particular activities conducted by the applicant are “core R&D activities” within s 355-25(1) of the Income Tax Assessment Act 1997 (the ITAA 1997). Specifically, the matter sought to assess whether a clinical trial carried out in accordance with a contractual agreement was conducted for the purpose of generating new knowledge. Background The applicant company is an Australian-based entity in an international corporate […]
In the case of Docklands Science Pty Ltd and Innovation Australia [2015] AATA 973, the Administrative Appeals Tribunal (AAT) has determined that activities conducted by the taxpayer were not R&D activities as there was insufficient documentation to support the claim. Background Three projects were registered for work claimed to be conducted with the CSIRO and other contractors: nanoparticles; geopolymer engineered products; and environmental engine. AusIndustry conducted a review of the registration and concluded that the activities were not core R&D […]
AAT Decision – Desalination Technology Pty Ltd v FCT Click Here Federal Court Decision – FCT v Desalination Technology Click Here Commissioner of Taxation v Desalination Technology Pty Limited [2015] FCAFC 96 After previously dismissing the appeal, the Full Court of the Federal Court has allowed the Commissioner to appeal the decision of the AAT in Desalination Technology Pty Ltd and FCT [2013] AATA 846. The AAT previously held that the taxpayer had incurred expenditure payable to a related party […]
Summary of 104 160 689 matter Taxation Ruling – TR2013/3 Click Here Taxation Ruling: TR 2013/3A1 – Addendum Click Here GHP 104 160 689 Pty Ltd v. Commissioner of Taxation Click Here The ATO has issued a Decision Impact Statement in relation to the recent decision handed down in the AAT, GHP 104 160 689 Pty Ltd and FCT [2014] AATA 515; 2014 ATC 10-373 The case concerned whether certain expenditure was to be disallowed deductibility at the rate of […]