These instructions will help you complete the Research and development tax concession schedule 2009 (NAT 6708), which in turn will help you complete the items for expenditure on research and development (R&D) in the Company tax return 2009 (NAT 0656). For more information about the R&D tax concession, see the joint AusIndustry - Tax Office publication Guide to the R&D tax concession.
There is an automated spreadsheet that replicates the research and development tax concession schedule on our website at www.ato.gov.au/randd
This spreadsheet will do the R&D calculations automatically for you.
We will accept a printout of the completed spreadsheet as an official research and development tax concession schedule.
What's new?
Research & development - new tax credit to replace the existing R&D tax concession from 2010-11
In the 2009 Federal Budget, the Government announced that with effect from 1 July 2010 the existing R&D tax concession will be replaced with a new R&D tax credit. Subject to conditions the new tax credit will provide a refundable tax credit of 45% to Australian firms with annual turnover of less than $20 million. The refundable tax credit will be subject to an expenditure cap. Also subject to conditions there will be a non-refundable tax credit of 40% available to Australian firms with turnover of more than $20 million, and to foreign-owned firms that undertake R&D expenditure in Australia. The new system will also tighten the R&D criteria.
The Government also announced that as an interim measure with effect from 1 July 2009 the expenditure cap on eligible R&D that can be claimed under the existing R&D tax offset will be raised from $1 million to $2 million.
The section titled 'PARTS D & E Australian owned and foreign owned R&D incremental tax concession' has been updated regarding the transitional rules applicable to eligible companies that have incurred an amount of expenditure on foreign owned R&D in income years beginning after 30 June 2007 and before 1 July 2008. For income years beginning during this period, you will need to refer to the Research and development tax concession schedule instructions 2008 when completing part E of the Research and development tax concession schedule 2009.
Who must complete a Research and development tax concessions schedule?
You must complete and lodge a Research and development tax concession schedule 2009 if you make a claim on your company tax return for expenditure on research and development activities under the R&D tax concession, that is, sections 73B to 73Z of the Income Tax Assessment Act 1936 (ITAA 1936).
Who can claim the R&D tax concession?
You may be entitled to claim the R&D tax concession for your company if it is:
- an eligible company that has registered its research and development activities with Innovation Australia through AusIndustry for the 2008-09 year of income, or
- the head company of a consolidated group where at least one of the subsidiary companies in the group is an eligible company and has registered its research and development activities with Innovation Australia through AusIndustry for the 2008-09 year of income (section 73BAB of the ITAA 1936).
An eligible company is a body corporate incorporated under a law of the Commonwealth or of a state or territory (subsection 73B(1) of the ITAA 1936).
On whose behalf are the research and development activities conducted?
For income years commencing after 30 June 2007, eligible companies may be able to claim expenditures under the R&D tax concession that are:
- incurred in respect of eligible research and development activities, as defined, that are carried out by or on behalf of the claimant company and not on behalf of any other person (Australian owned R&D)
- incurred in respect of Australian-centred research and development activities, as defined, that are carried out on behalf of a foreign company (foreign owned R&D).
The Definitions list defines 'research and development (R&D) activities', 'foreign company' and 'Australian-centred research and development activities'. 'Australian owned R&D' and 'foreign owned R&D' are not defined terms, but shorthand expressions used to describe particular activities, as set out above.
Note: Generally, an eligible company that incurs expenditure on research and development activities in its capacity as a trustee or nominee, other than in its capacity as the trustee of a public trading trust, cannot claim the concession (subsection 73B(3) of the ITAA 1936) for expenditure incurred in its trustee or nominee capacity. This does not apply where the trustee and trust are subsidiary members of a consolidated group.
You can only claim the R&D tax concession for expenditure on research and development activities that are registered with Innovation Australia. Innovation Australia, supported by AusIndustry, determines whether activities are research and development activities and Australian-centred research and development activities.
You must lodge an application for registration of the activities with Innovation Australia within 10 months of the end of your income year.
You must register before claiming
You must register before you make a claim for the R&D tax concession on the company's tax return, including the choice for the R&D tax offset.
Who administers the R&D tax concession?
The R&D tax concession is jointly administered by AusIndustry, part of the Department of Innovation, Industry, Science and Research (DIISR), and the Tax Office.
For information about how to register for the R&D tax concession and about what research and development activities qualify for the concession:
- see www.business.gov.auExternal Link
- phone the hotline on 13 28 46.
For information about claiming the R&D tax concession:
- visit the Tax Office research and development website www.ato.gov.au/randd
- phone the Business Infoline on 13 28 66.
Before you complete the Research and development tax concession schedule
Before you start to fill in the Research and development tax concession schedule 2009, you will need to make certain calculations and complete certain parts of the company tax return. Read through the points below. Although not exhaustive, they list important information.
Seven items on the Company tax return 2009 relate to the R&D tax concession:
- at page 3 item 7 Reconciliation to taxable income or loss
- D Accounting expenditure in item 6 subject to R&D tax concession
- L Australian owned R&D tax concession - not including label M
- J Foreign owned R&D tax concession - not including label K
- M Australian owned R&D - extra incremental 50% deduction
- K Foreign owned R&D - extra incremental 75% deduction
- Y R&D tax offset, if chosen
- at page 6 Calculation statement
- U R&D tax offset.
General
At item 7 Reconciliation to taxable income or loss on the Company tax return 2009, complete D Accounting expenditure in item 6 subject to R&D tax concession (for information on how to complete this item, see Preliminary calculation - Add-back of research and development (R&D) accounting expenditure).
Using parts A and B of these instructions, calculate your aggregate research and development amount to determine whether
- the company can deduct an amount of 'research and development expenditure' (other than contracted expenditure paid to a registered Australian research agency (RRA)) under subsection 73B(14) of the ITAA 1936; that is, an aggregate research and development amount of more than $20,000, and
- the company's expenditure qualifies for a 100% or 125% deduction under subsections 73B(4D), 73B(4E), 73B(15), 73B(23), 73B(24B) and 73BA(3) of the ITAA 1936.
- The Definitions list defines 'aggregate research and development amount'.
Using parts A and B of these instructions, calculate your expenditure on foreign owned R&D to determine if you have incurred the required amount for claiming under section 73B(14C); that is, more than $20,000.
The Definitions list defines 'expenditure on foreign owned R&D'.
Calculate how much has been spent in each category that qualifies for a deduction under section 73B of the ITAA 1936.
Consolidated groups
The amounts used in the calculation of the R&D tax concession for consolidated groups must be worked out on a consolidated basis, with all intra-group transactions eliminated. They must not be calculated on an aggregated basis, by simply adding together the expenditure of each company in the group.
Note: Only one research and development tax concession schedule is required for a consolidated group.
Clawback
Section 73C of the ITAA 1936 can operate to claw back the additional 25% concession for expenditure on a project of Australian owned R&D for companies that have received a government grant (other than a CRC program grant) for the same project. If you need to make any clawback calculations, you must make them in accordance with section 73C.
- You will need to determine whether the company (or any company required to be grouped with it) received, or was entitled to receive, a grant or recoupment in respect of any amounts claimed under the R&D tax concession.
- To find out how the clawback rules operate where a subsidiary leaves or joins a consolidated group, see section 73BAE of the ITAA 1936 and section 701-5 of the Income Tax Assessment Act 1997 (ITAA 1997).
- If clawback applies, you may find it useful to read Important notes on part A of the research and development tax concession schedule of these instructions and Part C - Government grants and recoupments other than CRC program grants.
Note that the receipt of a grant can also directly affect the calculations for the Australian owned R&D - extra incremental 50% deduction and the foreign owned R&D - extra incremental 75% deduction.
Prepayments
Adjust the amount of expenditure incurred in accordance with the prepayment provisions in sections 82KZL to 82KZMF of the ITAA 1936 and subsection 73B(11) of the ITAA 1936.
Intra-group markup
Determine any portion of the expenditure that represents a total group markup (subsections 73B(14AA) to (14AD) of the ITAA 1936) that is
- ineligible for the additional 25% component in accordance with the intra-group markup provisions (relevant to expenditure on Australian owned R&D only), and
- excluded from the definition of incremental expenditure for the purposes of Australian owned R&D and foreign owned R&D expenditure.
Overseas expenditure
Companies wishing to claim a deduction for overseas R&D activities under section 73B, 73BA, 73BH or 73QA of the ITAA 1936 or a tax offset under section 73I of the ITAA 1936 must have an overseas provisional certificate from Innovation Australia before they can make a claim. Sections 39EC and 39ED of the Industry Research and Development Act 1986 (IR&D Act) cover the application requirements and decisions on applications for overseas provisional certificates.
Depreciating assets and plant
Determine amounts that are deductible in relation to depreciating assets or plant under sections 73BA and 73BH of the ITAA 1936, in relation to Australian owned R&D activities.
For more information, see Guide to depreciating assets 2009 (NAT 1996).
Core technology
Determine how much core technology expenditure is deductible in accordance with subsections 73B(12A) to 73B(12B) of the ITAA 1936 in respect of Australian owned R&D.
Extra incremental deductions - Australian owned and foreign owned R&D
Determine whether the company is eligible for the extra 50% deduction for expenditure on Australian owned R&D or the extra 75% deduction for expenditure on foreign owned R&D by referring to subsections 73QA(1) and 73QB(1) of the ITAA 1936.
Grouping rules
If you are claiming
- research and development expenditure or contracted expenditure for amounts paid to associates
- deductions for the Australian owned and/or foreign owned R&D incremental tax concession
- the R&D tax offset
you need to determine which entities are in the company group in accordance with section 73L of the ITAA 1936. You will also need to consider these grouping rules, if an associate has received a grant in relation to research and development activities that you are claiming (as clawback may apply). Note that in addition to considering the grouping rules in section 73L, you will also need to consider section 73R of the ITAA 1936 if you are determining entitlement to deductions for the Australian owned and/or foreign owned incremental tax concession.
Note: A head company of a consolidated group will also need to consider these provisions (for example, where it is grouped with other entities with less than 100% control or ownership).
Expenditure that is not at risk
Apply section 73CA of the ITAA 1936 to any expenditure for which the company was not at risk, or section 73CB of the ITAA 1936 to any expenditure incurred to a tax-exempt body that was not at risk (relevant to expenditure on Australian owned R&D only).
Rollover relief
See sections 73E to 73G of the ITAA 1936 to determine expenditure that may qualify for rollover relief.
Goods and services tax (GST)
Adjust expenditure amounts to exclude any GST input tax credits to which you are entitled (see Division 27 of the ITAA 1997).
Lodging the schedule
For information on how to lodge your Research and development tax concession schedule 2009, go to Lodgment.
Complete all items on the Research and development tax concession schedule 2009 that apply to your company, including yes or no items. If an item or label (other than a yes or no item) does not apply, leave it blank unless otherwise instructed.