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ATO Release Information Around Public Disclosure of R&D Claimant Information

October 23rd, 2023

In a significant shift in administration, the Australian Taxation Office (ATO) has this month published information around publication of Research and Development (R&D) expenditure claimant information. This move forms part of the administration changes to the Research and Development Tax Incentive (R&DTI) program initiated on 1st July 2021, which arose out of the previous government’s major reforms to the R&D Tax Incentive which passed with bipartisan support in October 2020. The rationale behind the change is to enhance transparency and accountability. […]

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AFR reports high profile ASX listed Software Company Subject to ATO Review of R&D Tax Offsets

October 18th, 2023

The AFR has reported in late September 2023, that officials from the Australian Taxation Office visited a high profile ASX listed software development company last month as part of inquiries about whether the group inappropriately claimed R&D Tax Offsets.   The article seems to suggest that the issue may relate to overclaiming of expenditure on R&D Activities conducted overseas (as opposed to whether the expenditure or activity meet the general R&D Tax Incentive criteria).   Under the R&D Tax Incentive, companies […]

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Finalised Tax Determination on Aggregated Turnover and Connected Entities – Commissioner’s Discretion That an Entity Does Not ‘Control’ Another Entity

October 11th, 2023

After previously issuing a draft ruling in June 2023, the ATO in September 2023 has now finalised and published Tax Determination TD  2023/5 on aggregated turnover and connected entities – Commissioner’s discretion that an entity does not ‘control’ another entity. Under the R&D Tax Incentive 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 […]

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Upcoming R&D Tax Registration Deadline for December Year End

October 3rd, 2023

Companies seeking to register R&D Activities conducted during the Year Ended 31 December 2022 (companies that have a December Year End for tax) who are yet to do so should note that the Registration Deadline is the end of October 2023. The blanket and automatic extensions granted during COVID no longer apply, and the statutory deadlines revert to normal (10 months after the end of the financial year). There are mechanisms available under the IR&D Act and IRD Decision making provisions that […]

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