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June, 2026

New Federal court matter (May 2026) finds the occurrence of R&D Tax evasion schemes

June 5th, 2026

A federal court case, with a judgement dated 28 May 2026 has declared that a respondent contravened s 290-50(1) of the TAA regarding several taxpayer schemes involving the R&D Tax Incentive. The R&D Tax Incentive has been a focus of the TPB and ATO in recent years, with several published matters involving the promotion and misuse of the incentive to make aggressive or invalid claims. Substantial penalties can be imposed and should significantly deter advisors and companies seeking to misuse the benefits available […]

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Deadline approaching for lodgement of Overseas Findings for R&D Activity first conducted in FY26

June 4th, 2026

Companies seeking to claim expenditure for overseas activity incurred by an Australian company under the R&D Tax Incentive must apply separately to claim these costs by first lodging an Overseas Finding Application with AusIndustry. In addition to general eligibility criteria, there are specific and extensive rules to determine whether expenditure on overseas activities is eligible under the R&D Tax Incentive. Generally, expenditure incurred by Australian companies on R&D activities conducted overseas can only be eligible for the R&D Tax Incentive where: The […]

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Media coverage of business response to proposed R&D Tax Changes announced in May Budget

June 1st, 2026

In the Federal Budget handed down on 12 May 2026, The Government proposed major structural changes to the R&D Tax Incentive (RDTI). These changes are proposed to commence on 1 July 2028. Proposed reforms include: Increasing the offset for experimental ‘core’ R&D by around 25 to 50 per cent and removing eligibility for expenditure that only supports R&D. The intensity threshold will reduce from 2 per cent to 1.5 per cent, providing higher offsets to firms undertaking substantial core R&D. Expenditure […]

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Significant concerns over announcement in May 2026 to limit Refundable R&D Tax Offset to firms operating less than 10 years

May 18th, 2026

Swanson Reed’s initial analysis of the R&D announcements in May 2026 are summarised here. After we considered these proposed changes in greater detail, we are particularly alarmed about a proposed change announced in the Budget to the R&D Tax Incentive that we feel has not been communicated well nor understood by those whom it may impact… We fear the announced proposal to limit access to the Refundable R&D Tax Offset to firms operating less than ten years will be determined based on an […]

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