Swanson Reed News

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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Confidential v Industry Research and Development (IR&D) Board [1997] AATA 67

April 9th, 2014

This application was brought pursuant to s 39T of the Industry Research and Development (IR&D) Act 1986 to review a decision made under s 39L, which was confirmed on review pursuant to subsection 39S(4), the hearing of a proceeding relating to a reviewable decision must take place in private and the applicant will be referred to as “Confidential”. Background Since 1985, it has been asserted, in principle, that R&D activities involving the creation of new knowledge or innovation could be […]

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Bryce Steele
Principal, Melbourne
Tel: (03) 9018 5778
Mob: 0401 997 584
Tom Parkhouse
Principal, Sydney
Tel: (02) 8006 0559
Mob: 0411 718 565
Andy Nguyen
Principal, Brisbane
Tel: (07) 3221 1499
Mob: 0407 750 249
Sophie Mercer
Principal, Adelaide
Tel: (08) 8121 7850
Mob: 0435 713 493
David Greatwich
Principal, Perth
Tel: (08) 9340 3745
Mob: 0468 386 250
Myriam Risch
Manager, Hobart
Tel: (03) 9018 5778
Mob: 0401 262 591

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