Industry Specific Issues

“SREE” v Industry R&D Board [1999]

April 15th, 2014

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 […]

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R&D Tax Incentive Advisory Committee revoked

April 14th, 2014

On 24 March 2014 the Minister for Industry, Ian Macfarlane announced that effective from 31 March 2014 the R&D Tax Incentive Advisory Committee of Innovation Australia would be revoked, pursuant to subsection 22(1) of the Industry Research and Development Act 1986 (IR&D Act). The committee was part of the Industry portfolio and functioned in an advisory capacity. The committee’s primary responsibility was providing advice to the Innovation Australia Board regarding the operations of the R&D Tax concession program for income […]

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RACV Sales and Marketing Pty Ltd v Innovation Australia [2012] AATA 386

April 11th, 2014

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 […]

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TJM Products Pty Ltd v Industry Research and Development Board [1998]

April 10th, 2014

This matter was brought to the Federal Court of Australia by TJM Products to review the retrospective effect of the IR&D Amendment Act 1996 preventing TJM Products registration of application for R&D activities. The IR&D Board sought for a summary disposal of the application by TJM Products for an order of review under the Administrative Decision (Judicial Review) (ADJR) Act 1977. Facts The application brought by TJM Products concerned registration under s39J of the Industry Research and Development (IR&D) Act […]

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