A new AAT decision handed down in October 2022 (T.D.S BIZ PTY LTD and Commissioner of Taxation) considered the case of an R&D Entity attempting to claim the cost of overseas moulds, fabrication, CAD and assembly within their R&D Tax Incentive claim without having first attained an Overseas Finding from AusIndustry.
This is one of the only administrative decisions to consider the specific issue of:
Key Background points from the case include:
As part of this decision, The AAT sought to determine:
Key Extracts from the AAT ruling are below:
This case serves as a reminder that where Australian companies are seeking to include the cost of overseas R&D Activities within their Australian R&D claims, they must both: