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February, 2026

Comments on February 2026 Senate Economics Legislation Committee discussion on R&D Tax Incentive

February 13th, 2026

As reported in the media this week, the Senate Economics Legislation Committee discussed the administration of the R&D Tax Incentive. Swanson Reed has reviewed the discussion in detail. It involved interactions between three people, whose comments are summarised and paraphrased below: Greens Senator Barbara Pocock: Had queries around how many reviews are conducted each year; Queried whether staff conducting reviews include personnel with Science and Engineering qualifications; Asked for details of fines or penalties for incorrect claims, and indicated concerns that possible penalties […]

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Consultation on exposure draft for exclusion of gambling and tobacco companies under the R&D Tax Incentive

February 9th, 2026

The December 2024 Mid‑Year Economic and Fiscal Outlook (MYEFO) was released by the Government on 18 December 2024 and announced that The Government will exclude activities related to gambling and tobacco from Research and Development Tax Incentive eligibility for income years starting on or after 1 July 2025. The Government then released an exposure draft in December 2025, releasing Treasury Laws Amendment Bill 2025: Exclusion of tobacco and gambling related activities from the Research and Development Tax Incentive which is the legislative instrument that would […]

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2025 Annual Report for IISA: Update on R&D Tax Legal matters and litigation

December 5th, 2025

Industry Innovation and Science Australia (IISA) is the federal government department responsible for determining whether companies’ activities meet the legislative criteria eligible under the R&D Tax Incentive.  The 2025 Annual Report for IISA was recently released, and a section of the report provides an update on Legal matters and litigation relevant to the department. Litigation on R&D activity now usually starts in the The Administrative Review Tribunal of Australia (ART), rather than Administrative Appeals Tribunal (AAT). However, this change is not likely […]

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R&D Tax Mentions in Commissioner of Taxation Annual Report 2024–25

November 11th, 2025

The R&D Tax Incentive (R&DTI) is co-administered by two government agencies: 1: The Department of Industry, Science and Resources on behalf of Industry Innovation and Science Australia (IISA): The department registers companies for the R&DTI program and makes findings on the eligibility of R&D activities. and 2: The Australian Taxation Office (ATO):  The ATO is responsible for administering R&DTI expenditure claims, and conducts reviews and audits on substantiation of claims and other matters. The Commissioner of Taxation’s Annual Report 2024–25 was published in late October 2025. This […]

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