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 […]
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 […]
AusIndustry have announced and released an updated version of the Extension of Time (EOT) form through the R&D Tax Incentive (R&DTI) customer portal. Companies are required to use the portal when applying for any extension of time to submit an R&D application if it is not able to be submitted by the original deadline (with the deadline being approximately 10 months after the end of the financial year). The updated form provides clarity around the 2 types of extensions you […]
Companies seeking to register R&D Activities conducted during the Year Ended 31 December 2023 (companies that have a December Year End for tax) who are yet to do so should note that the Registration Deadline is the end of October 2024. The extensions granted during COVID no longer apply, and the statutory deadlines revert to normal (10 months after the end of a company’s financial year). There are mechanisms available under the IR&D Act and IRD Decision making provisions that allow for […]