Commonwealth Consolidated Acts

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INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 28

Simplified outline

                   The following is a simplified outline of this Division:

•       An R&D entity can seek a finding (an advance finding ) about whether an activity is an R&D activity.

•       An advance finding binds the Commissioner for the purpose of working out tax offsets ( R&D tax offset s) under Division 355 of the Income Tax Assessment Act  1997 .

•       An R&D entity can seek a finding that an activity cannot be conducted in Australia.

•       An R&D tax offset will only be available for expenditure incurred on an activity conducted outside Australia if a finding that the activity cannot be conducted in Australia has come into force.

•       The Board may also make a finding about whether particular technology is core technology for R&D activities.

•       An effect of a finding that the technology is core technology for the R&D activities is that an R&D tax offset will not be available for expenditure incurred in acquiring, or in acquiring the right to use, the technology for the R&D activities.



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