July, 2025

A warning for companies using AI to assist with drafting their R&D Tax Incentive Applications

July 3rd, 2025

Businesses are increasingly leveraging Artificial Intelligence (AI) to streamline various tasks in a bid to achieve significant time savings and efficiency gains. However, when using AI to assist in the drafting of documents that present legal obligations (such as an R&D Application), care should be taken to ensure the information disclosed is correct. In recent months, we have observed a growing trend of companies using AI to assist with the collation of the initial draft content for their Research and […]

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Media reports of an alleged ‘false mining operation’ involving large claims for GST and R&D Tax Offset reviews

June 4th, 2025

One of the major national newspapers has this week posted an article about a private group alleged to have operated a ‘false mining operation’ that led to the generation of substantial refunds for GST and Refundable R&D Tax Offset credits. Swanson Reed does not know specifics of this case other than what has been reported in the media and in the Federal Court’s published freezing and ancillary orders. The Federal Court order notes: “The Companies collectively claimed and received GST refunds and R&D offsets totalling […]

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If R&D Tax Law is going to be changed effective 1 July, (as announced in the FY25 MYEFO), how about making these changes too?

January 30th, 2025

A surprising announcement was made by The Government in the FY25 MYEFO released in late December 2024, which took the unprecedented step of announcing an eligibility restriction to be applied to specific sectors. The MYEFO budget papers noted: 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. Research and development activities related to gambling can exacerbate addiction and associated harms, while activities related […]

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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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