Industry Specific Issues

Commission Audit targeted by agricultural R&D

May 13th, 2014

The Commission Audit report, which examined Australian Government finances, has recommended that public funding of agricultural R&D in Australia be significantly reduced. The recommendations made by the report suggested that the amount of government funding be reduced to better reflect the mix of private and public benefits. It was suggested that the current cap on dollar for dollar matching of industry contributions by the government (which is currently set at 0.5 percent of gross value of production) should be halved […]

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Boral Windows and Ors v Industry Research & Development Board and Ors [1998] ATC 4479

April 22nd, 2014

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 […]

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Goodman Fiedler Wattie Ltd v Federal Commissioner of Taxation [1991] FCA 206

April 17th, 2014

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 […]

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“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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