This case is between Boral Windows Ptd Ltd (“First Applicant”), Gas Corporation of Queensland Ltd (“Second Applicant”) and Allen Taylor & Company Ltd (“Third Applicant”) and the Industry Research & Development Board (“First Respondent”), the Tax Concession Committee (“Second Respondent”) and the Secretary, Department of Industry Science & Tourism (“Third Respondent”) and the Commonwealth of Australia (“Fourth Respondent”). Background The question reserved for decision is “Whether the Second Applicant’s registration under Section 39J, as communicated by letter dated 25 November […]
The issues in these appeals was the disallowance by the Commissioner of deductions claimed by the taxpayer for the income year 1982-85 inclusive. The deductions fell into two categories; payments made by the taxpayer to fund research carried on by the Queensland Institute of Technology (QIT) (the first period); and expenditure incurred thereafter by the taxpayer (the second period). Background The taxpayer was a company with carried on its business in several divisions. In August 1981 the taxpayer contracted with the […]
The taxpayer was a large Australian bank that had spent considerable sums of money on the development of a computer system. It claimed that the money spent should be deductible as R&D within the meaning of s 73B of the Income Tax Assessment Act (ITAA) 1936. The commissioner, after reviewing a determination received from the Industry R&D Board found that the amount was not deductible as the software was for internal use of the bank, and therefore excluded from the […]
In the matter of RACV Sales and Marketing (RACV) Pty Ltd V Innovation Australia, the Administrative Appeals Tribunal (AAT) has upheld the decision of Innovation Australia that the company’s activities were not research and development (R&D) activities as defined in s 73B(1) of the Income Tax Assessment Act (ITAA) 1936. Background RACV was registered under s 39J of the Industry Research and Development (IR&D) Act in respect of R&D activities in each of the 8 income years 1998-1998 to 2005-2006 […]