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PWK and ISA: AAT Finds in Favour of R&D Entity Over Disputed Activity Eligibility

June 7th, 2021

A recent AAT case (PKWK and Innovation and Science Australia (Taxation) [2021] AATA 706 (24 March 2021)) has found in favour of the R&D entity in a dispute over eligibility. The dispute related to a registration of activities for the financial year ended 30 June 2015 in respect of a registration for the following: Core Activity 1.1: Process design, modelling and mechanical design in respect of a soil treatment facility using pyrolysis technology; Supporting Activity 1.1.1: Project evaluation and documentation; Supporting Activity […]

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AusIndustry Release Draft of New Software Guidance for Consultation

May 31st, 2021

AusIndustry have recently circulated a draft of new guidance on the eligilbity of software development activity under the R&D tax incentive. The guidance does not appear to materially differ from the principles of eligibility in other guidance documents published in recent years. Whilst the eligibility of software R&D activity was certainly scrutinised, particularly during the period from 2017 to 2019, a misconception occurred by some perceiving that software activities are not eligible under the R&D tax incentive. This is certainly not […]

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New AusIndustry Reporting Requirements and Applicant Lodgement Portal

May 18th, 2021

The changes to the R&D tax incentive announced in the October 2020 budget have been passed as law, but do not become effective until 1 July 2021 (FY22). Companies registering activity for the financial year about to end (FY21) will do so under the same legislation in place as in prior years. However, some significant changes to the reporting of the activities have occurred for FY21, based on AusIndustry’s new reporting portal. The portal had been indicated some months ago […]

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Federal Budget 11 May 2021 – R&D Tax Incentive Update

May 12th, 2021

For multiple years leading into the prior federal budget in 2020, the Government attempted to pass controversial measures aimed at reducing the cost of the R&D Tax Incentive, which had stalled in the senate and were not legislated.   When the October 2020 Federal Budget (delayed due to COVID) was handed down, business was pleasantly surprised. The Government had pivoted away from proposed cuts, and made the R&D Tax Incentive a centrepiece tool of job creation and investment, by proposing changes […]

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