Swanson Reed News

ATO ID 2006/68 Income Tax Research and Development: application of section 73CA of the ITAA 1936 to a reimbursement arrangement – expenditure ‘not at risk’

August 20th, 2014

Does section 73CA of the Income Tax Assessment Act 1936 (ITAA 1936) apply where an eligible company is entitled to reimbursement for expenditure on research and development activities in the form of a fee paid by a related entity? Yes. Section 73CA of the ITAA 1936 applies in this case to amounts calculated by reference to the eligible company’s own expenditure on research and development activities, as it is possible to conclude, for the purposes of the section, that the company is […]

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ATO ID 2005/358 Income tax Research and Development: ‘Aggregate research and development amount’ where core technology expenditure not deducted

August 19th, 2014

Where an eligible company chooses not to deduct an amount of core technology expenditure under subsection 73B (12A) of the Income Tax Assessment Act 1936 (ITAA 1936), is the amount included in the company’s ‘aggregate research and development amount’ as defined in subsection 73B(1) of the ITAA 1936? Yes. The amount allowable as a deduction under subsections 73B(12) or (12A) of the ITAA 1936 for core technology expenditure is included in the ‘aggregate research and development amount’ of an eligible company. The […]

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ATO ID 2005/86 Income Tax Research and Development Tax Offset: ‘R&D group turnover’ where ownership of interests in an eligible company by an entity in capacity as trustee

August 19th, 2014

Where an eligible company is controlled by a person in a capacity as trustee, is the ‘value of supplies’ made by this person, as defined by subsection 73H(2) of the Income Tax Assessment Act 1936 (ITAA 1936), based only on those supplies made by it as trustee? Yes. The ‘value of supplies’ made by the person in its capacity as trustee, to be included in the ‘R&D group turnover’ of the eligible company under section 73K of the ITAA 1936, is based […]

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ATO ID 2005/23 Income Tax Research and Development Tax Offset: legal ownership of interests in a company by an exempt entity

August 19th, 2014

Does an exempt entity legally own interests in a company within the meaning of subsection 73J(2) of the Income Tax Assessment Act 1936 (ITAA 1936), where the Corporations Act 2001 requirements for membership of a company have not been met? No. The exception in subsection 73J(2) of the ITAA 1936 will not operate to preclude a company from choosing a tax offset under section 73I of the ITAA 1936 where the exempt entity is not a member of the company under the Corporations Act. […]

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

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