Source: Taxation In Australia Journal Article
Published Date: 1 Aug 2022
The fundamental question in the vast majority of claims under the research and development tax incentive is whether the relevant activities constitute eligible R&D activities. The complexity and integral nature of the eligibility provisions have resulted in a number of decisions considering the operation and application of the provisions, mostly in favour of Industry, Innovation and Science Australia. Nevertheless, two recent decisions, Moreton Resources and PKWK were found in favour of the taxpayer claimants. This article will provide a summary of recent decisions concerning the eligibility provisions, and explore the significance of Moreton Resources and PKWK, what distinguished them from other decisions and what they mean for the future of R&D disputes.
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