Tax Laws Amendment (Research and Development) Act 2011 (93 of 2011)
Schedule 3 Other amendments relating to new R&D incentive
Part 4 Capital works
Income Tax Assessment Act 1997
26 Section 43-35
Repeal the section, substitute:
43-35 Requirement for registration under the Industry Research and Development Act
You may deduct an amount under this Division on the basis of using capital works for the purpose of conducting *R&D activities only if:
(a) you are registered under section 27A (registering R&D activities) of the Industry Research and Development Act 1986 for the R&D activities for an income year; or
(b) if you are an *R&D partnership - an *R&D entity, who was a partner of the R&D partnership at some time while the R&D activities were conducted, is registered under that section for the R&D activities for an income year.
Note 1: R&D activities must be conducted in connection with a business carried on for the purpose of producing assessable income, see section 43-195.
Note 2: You may still deduct an amount under this Division if you were registered for the R&D activities under former section 39J (Registration of eligible companies) of the Industry Research and Development Act 1986 (see section 355-200 of the Income Tax (Transitional Provisions) Act 1997).