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New AAT Case: GQHC and ATO Considers Feedstock Provisions and Scope of ATO Power to Assess Activity Eligibility in Absence of AusIndustry Finding

March 18th, 2024

A new AAT case dated 16 February 2024 (GQHC and Commissioner of Taxation (Taxation) [2024] AATA 409), considered a situation where the ATO determined a company had not engaged in eligible R&D activities, but where no findings had been made by AusIndustry, who usually has jurisdiction over activity assessment. The matter considered jurisdiction issues of: whether the Commissioner has the power to assess or make decisions as to whether a company’s registered activities consist of eligible “R&D activities” as defined […]

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Industry Examples of Refundable R&D Tax Offset Eligibility Cliff for Companies Breaching $20M Turnover Threshold

March 12th, 2024

Australia’s R&D Tax Incentive program is designed to encourage innovation by providing tax refunds to eligible companies based on their R&D spending. However, companies face a refund cliff if their revenue exceeds the legislated turnover threshold. A company’s rate of R&D tax offset and whether it is refundable or not depends primarily on the R&D entity’s aggregated turnover: If an entity’s aggregated turnover is less than $20 million and it is not controlled by any exempt entities, then the company […]

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Statutory Deadline for FY23 R&D Claims is Next Month

March 7th, 2024

Companies seeking to register R&D Activities conducted during the Year Ended 30 June 2023 (companies that have a Standard YE for tax) who are yet to do so should note that the Registration Deadline is 10 Months after YE, and 30 APRIL 2024. The blanket and automatic extensions granted during COVID do NOT apply any longer or for FY23 claims. Extensions of time may be available in certain situations, and extension applications lodged BEFORE the original deadline are viewed much more favorably. However, recent […]

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New Requirements to Publish R&D Expenditure Claim Information in 2024 – Video

March 5th, 2024

  As part of the changes made to the research and development tax incentive (R&DTI) from 1 July 2021, the ATO is now required to publish information each year about R&D entities and the R&D expenditure they’ve claimed. This video investigates how these changes promote transparency and accountability in the R&DTI. Where relevant, the content of this video may have been based on guidance publications released by AusIndustry and the ATO. Additional guidance material on the R&D Tax Incentive is […]

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