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Case Law
Docklands Science Pty Ltd and Innovation Australia [2015] AATA 973
January 11th, 2016In the case of Docklands Science Pty Ltd and Innovation Australia [2015] AATA 973, the Administrative Appeals Tribunal (AAT) has determined that activities conducted by the taxpayer were not R&D activities as there was insufficient documentation to support the claim. Background Three projects were registered for work claimed to be conducted with the CSIRO and other contractors: nanoparticles; geopolymer engineered products; and environmental engine. AusIndustry conducted a review of the registration and concluded that the activities were not core R&D […]
Commissioner of Taxation v Desalination Technology Pty Ltd
July 9th, 2015AAT Decision – Desalination Technology Pty Ltd v FCT Click Here Federal Court Decision – FCT v Desalination Technology Click Here Commissioner of Taxation v Desalination Technology Pty Limited [2015] FCAFC 96 After previously dismissing the appeal, the Full Court of the Federal Court has allowed the Commissioner to appeal the decision of the AAT in Desalination Technology Pty Ltd and FCT [2013] AATA 846. The AAT previously held that the taxpayer had incurred expenditure payable to a related party […]
GHP 104 160 689 Pty Ltd v FCT [2014] AATA 515
April 13th, 2015Summary of 104 160 689 matter Taxation Ruling – TR2013/3 Click Here Taxation Ruling: TR 2013/3A1 – Addendum Click Here GHP 104 160 689 Pty Ltd v. Commissioner of Taxation Click Here The ATO has issued a Decision Impact Statement in relation to the recent decision handed down in the AAT, GHP 104 160 689 Pty Ltd and FCT [2014] AATA 515; 2014 ATC 10-373 The case concerned whether certain expenditure was to be disallowed deductibility at the rate of […]
FCT v Desalination Technology Pty Ltd
November 4th, 2014AAT Decision – Desalination Technology Pty Ltd v FCT Click Here Full Federal Court Decision – FCT v Desalination Technology Pty Ltd Click Here In the case of ‘Commissioner of Taxation Vs Desalination Technology Pty Ltd’, the appeal by the COT was dismissed by the Administrative Appeals Tribunal. This case involved a taxpayer who paid an invoice by debiting a running account in favour of a supplier, where that account does not have to be settled under certain circumstances. The […]
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Daniel McGregor2022-08-11I have been using Swanson Reed for my clients for more than a decade. Having a specialist firm that can provide practical and commercial advice that produces real outcomes is very important and we have received great feedback from our clients. Highly recommended.
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News & Research
News & Research
News & ResearchThe 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 […]
2023 Annual Report for IISA: Update on R&D Tax Legal matters and litigation
Industry Innovation and Science Australia (IISA) is the government department responsible for determining whether companies’ activities meet the legislative criteria eligible under the R&D Tax Incentive. The 2022-23 Annual Report for IISA was recently released, and a section of the […]
