News
R&D: PKWK Pty Limited [2021] AATA 706
The R&D claimant won this case comprehensively in a case where AusIndustry, acting for Innovation and Science Australia, contested every aspect of the definition of R&D in s.355 of the Income Tax Assessment Act . The facts are not recounted except to state...
R&D: H2O Exchange Pty Ltd [2021] FCA 11
This is an appeal from the decision of the Administrative Appeals Tribunal in H2O Exchange Pty Ltd and Innovation and Science Australia [2019] AATA 4195. H2O Exchange (H2O) was developing an online water exchange that would allow the sale and purchase of water rights...
Is Victoria the gold standard Grant Program?
In November 2020, the Victorian government announced a10yr $2Bn Breakthrough Fund to bring new ideas to market and continue to reshape a modern 'maker' economy driven by science and technology. Whilst this investment is really only $200M pa, a small down payment...
Government reintroduces R&D intensity legislation
Late last week the Morrison Government reintroduced the so-called 'intensity test' changes to the R&D tax incentive announced in the 2018 Federal Budget. The 'intensity test' introduces a sliding R&D tax benefit premium tied to the level of R&D spend as a...
R&D: Moreton Resources Limited [2019] FCA 120
AAT decisions relating to R&D Tax Incentive applications often turn on the failings of the applicant’s research processes and supporting documentation. Sometimes they involve questions of law that offer some precedent value for taxpayers and the IR&D Board...
Budget 2020 – funding science
The main benefit of political stability, and the portfolio stability that comes from it, is continuity of policy and program funding. Tweaks to program and/or funding changes can be managed if there is a clear strategic vision over multiple electoral and Budget...
A brief history of the R&D tax incentive
With the impending election and the release of the 2019-20 Budget by the current government on 2nd of April, it is worth taking a brief look at the past to understand how the national conversation has changed with regards to the R&D Tax Incentive- the primary...
New software R&D guidance
This week AusIndustry released an updated guideline to claiming software development as an eligible core R&D activity under the R&D Tax Incentive. What can software developers do to ensure that their software development activities are more likely to pass as...
Senate rejects R&D tax changes
This week the Senate Economics Legislation Committee in a bipartisan decision deferred further consideration of the 'intensity test' changes to the R&D tax incentive announced in the 2018 Federal Budget. This integrity measure will likely be considered only after...