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Case Law
VDRZ and Innovation Australia [2017] AATA 123
May 25th, 2017Introduction Tribunal: Justice D Kerr, President Date: 27 January 2017 Place: Sydney The proceeding involved a dispute regarding VDRZ’s entitlement to research and development tax concessions in accordance with s 39J of the Industry Research and Development Act 1986 (Cth) (the Act). It was referred for conciliation pursuant to s 34A of the Administrative Appeals Tribunal Act 1975 (ATT Act) on 21 September 2016. Background Conciliation was conducted by Senior Member Lazanas on 12 December 2016. An agreement was reached […]
DZXP, KRQD and QJJS v Innovation and Science Australia [2017] AATA 576
May 25th, 2017Introduction In the case of DZXP, KRQD and QJJS v Innovation and Science Australia [2017] AATA 576, Innovation Australia’s decision to evaluate the application of DZXP, KRQD and QJJS R&D as unsuccessful was contested by the respective companies and subsequently taken to Tribunal. Innovation Australia’s position, with respect to this, was that by virtue of the operation of s 31 of the Industry Research and Development Act 1986 (IR&D Act), the outcome of any review by the Tribunal will be […]
Silver Mines Limited and Minister for Infrastructure and Regional Development [2016] AATA 707
October 31st, 2016The AAT has affirmed the decision of the Minister for Infrastructure and Regional Development not to exercise the discretion under the Industry Research and Development Act 1986 to grant the taxpayer an extension of time to register for R&D tax concessions for an engineering “conceptual process study” in relation to its silver mining activities. In 2014, Silver Mines Limited applied to register its past R&D activities for the 2010-11 [under the R&D Tax Concession] and 2011-12 [under the R&D Tax […]
JLSP and Innovation Australia [2016] AATA 23
January 27th, 2016In the case of JLSP v Innovation Australia [2016] AATA 23 the Administrative Appeals Tribunal (AAT) considered whether particular activities conducted by the applicant are “core R&D activities” within s 355-25(1) of the Income Tax Assessment Act 1997 (the ITAA 1997). Specifically, the matter sought to assess whether a clinical trial carried out in accordance with a contractual agreement was conducted for the purpose of generating new knowledge. Background The applicant company is an Australian-based entity in an international corporate […]
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News & Research
News & Research
News & Research30 April Statutory Deadline for FY23 R&D Claims – One Week to Go
There is one week to go until the deadline for FY23 R&D Registrations. Companies seeking to register R&D Activities conducted during the Year Ended 30 June 2023 (companies that have a Standard YE for tax) who are yet to do […]
The matter concerns an individual charged by the Commonwealth DPP for attempting to unlawfully obtain a refund under the R&D Tax Incentive. Before being charged, the taxpayer was compulsorily examined by the ATO. The individual had applied to stay the […]
