For Accountants

Recent NSW Supreme Court Case Regarding Claims Over R&D Tax Offset Refunds in Company Insolvency

March 27th, 2023

Various laws determine the manner in which a company’s assets are distributed to employees and creditors in the event of an insolvency event. In a decision handed down by the New South Wales Supreme Court in 2022,  the order of priority of payments in a winding up where employee debts and secured creditor claims exist was considered. The matter was Spitfire Corporation Limited (in liquidation) and Aspirio Pty Ltd (in liquidation) [2022] NSWSC 340. The court considered whether Refundable R&D […]

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Industry Minister Comments on Business Investment in R&D and Our Call for Maintaining Stability of the R&D Tax Incentive

March 6th, 2023

The freshly appointed Minister for Industry and Science, Ed Husic, recently held a press conference with Chief Scientist, Dr Cathy Foley, regarding the National Science and Research Priorities and the proposed National Reconstruction Fund, which the Labor Government are seeking to pass through the parliament. During this conference Ed Husic was quoted as stating: The amount that we invest in R&D in this country relative to the OECD, we have about 1.8 per cent relative to GDP investment in R&D […]

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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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ATO and AusIndustry R&D Tax Incentive Presentations

January 30th, 2023

The Australian Taxation Office (ATO) and AusIndustry have advised that they will host a WEBINAR on 21 FEBRUARY 2023 for stakeholders seeking to learn more about the R&D Tax Incentive. The sessions aim to provide an introduction to the R&D Tax Incentive and guidance on key eligibility requirements. The sessions are being held online and registration details are available on business.gov.au.   Please get in touch with our office if you would like to speak to someone about a potential  R&D […]

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