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December, 2024

Federal court matter (December 2024) declares that respondent was a promoter of a tax exploitation scheme to secure R&D Tax Offset.

December 16th, 2024

A federal court case with judgement dated 16 December 2024 (with The Commissioner of Taxation as the Applicant and a number of parties as Respondents) has declared that respondents were promoters of tax exploitation schemes to secure R&D tax offsets pursuant to Division 355 of the Income Tax Assessment Act 1997 (Cth) for a number of companies. Very large penalties have been levied in the case and the liquidations of two entities listed as respondents were noted in the judgement as being on hold pending the outcome of […]

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New Federal Court Decision re: Active Sports Management Pty Ltd finds R&D Activities not eligible

December 2nd, 2024

An AAT decision handed down in December 2023 (Active Sports Management Pty Ltd and Industry Innovation and Science Australia) previously found that activities in respect of development of a customised basketball shoe were not eligible under the R&D Tax Incentive. It was found in the AAT case that, “none of the Claimed Activities were core R&D activities within the meaning of subsection 355-25(1) of the ITAA 1997..” ACTIVE SPORTS MANAGEMENT PTY LTD applied to the federal court to appeal the decision and the Federal […]

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AusIndustry Publishes New Hypothetical Machine Learning Case Study.

August 26th, 2024

AusIndustry have recently published a case study to provide practical examples for eligibility of activities involving machine learning.    It’s probable that this guidance has been in response to a rising number of claims involving AI and ML type activities.   The examples in the case studies will assist R&D entities identify when they might have eligible R&D activities, and what information is relevant for assessing and showing eligibility.   In an earlier Swanson Reed blog post in recent weeks (titled: Assessment of AI related activities […]

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DZXP, KRQD and QJJS v Innovation and Science Australia [2017] AATA 576

May 25th, 2017

Introduction In the case of DZXP, KRQD and QJJS v Innovation and Science Australia [2017] AATA 576, Innovation Australia’s decision to evaluate the application of DZXP, KRQD and QJJS R&D as unsuccessful was contested by the respective companies and subsequently taken to Tribunal. Innovation Australia’s position, with respect to this, was that by virtue of the operation of s 31 of the Industry Research and Development Act 1986 (IR&D Act), the outcome of any review by the Tribunal will be […]

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