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AusIndustry Guidance and Materials

Deadline Approaching for lodgement of Overseas Findings for R&D Activity first conducted in FY23

May 18th, 2023

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 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, R&D activities conducted overseas can only be eligible for the R&D Tax Incentive where: The activity to be conducted overseas has a […]

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New AAT Case (LAKES OIL) finds Hydraulic Fracturing Activities NOT eligible under the R&D Tax Incentive

May 8th, 2023

A recent AAT Decision dated 26 April 2023 (LAKES OIL NL and INNOVATION AND SCIENCE AUSTRALIA (Taxation) ) has found a company’s registered activities were not eligible under the R&D Tax Incentive. The project under scrutiny in the case is entitled “Project 1 – LAK2006 ‘Hydraulic Fracturing Technology for Gippsland Tight Gas’”. The dispute was focused on a registration in the FY14 and FY15 period. During the case INNOVATION AND SCIENCE AUSTRALIA contended that: the activities undertaken were not experimental […]

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Statutory Deadline for FY22 R&D Claims is Next Month

March 1st, 2023

Companies seeking to register R&D Activities conducted during the Year Ended 30 June 2022 (companies that have a standard YE for tax) who are yet to do so should note that the standard Registration Deadline is 10 Months after YE, and 30 APRIL 2023. The blanket and automatic extensions granted during COVID do NOT apply any longer or for FY22 claims. Ausindustry has recently announced that due to interaction of weekends and public holidays with the day of the standard Registration Deadline, for the FY22 […]

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New ATO Clawback of R&D Tax Offset Guidance Published

February 6th, 2023

Under the amendments to the R&D Tax Incentive commencing for FY22, there was no change to the definition of eligible R&D activities and R&D expenditure. However there was a significant change to the clawback mechanisms, among other changes to offset calculations and administrative processes. The FY22 changes for Clawback Adjustment processes were particularly complex. The three types of clawback events provided for within the R&D Tax Incentive include: A feedstock adjustment is triggered when a company generates sales from input costs for which a […]

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