TJM Products Pty Ltd v Industry Research and Development Board [1998]

April 10th, 2014

This matter was brought to the Federal Court of Australia by TJM Products to review the retrospective effect of the IR&D Amendment Act 1996 preventing TJM Products registration of application for R&D activities. The IR&D Board sought for a summary disposal of the application by TJM Products for an order of review under the Administrative Decision (Judicial Review) (ADJR) Act 1977.

Facts

  • The application brought by TJM Products concerned registration under s39J of the Industry Research and Development (IR&D) Act 1986 of TJM Products in nine separate tax years, in respect of the 150% tax concession for R&D available under s73B of the Income Tax Assessment (ITA) Act.

  • TJM Products made application in October 1995 in respect of the years 1985-86 to 1993-94 to the IR&D Board to register for R&D activities.

  • TJM products sought a review by the federal court of the “decision not to register, the decision not to make a decision, the conduct engaged in by the Respondent and the refusal or failure to make a decision” claiming that they were improper exercises of the power conferred on the respondent.

Decision

The Federal Court has held that a decision of the IR&D Board cannot be taken to have been made earlier than it was actually made for the purpose of determining whether a taxpayer company was able to be registered under s39J of the IR&D Act 1986.

 Click here to view the TJM Products Pty Ltd v Industry Research & Development Board case.

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