Treasury Laws Amendment (A Tax Plan for the COVID-19 Economic Recovery) Act 2020 (92 of 2020)

Schedule 5   Enhancing the integrity of the R&D Tax Incentive

Part 2   R&D clawback and catch up amounts

Income Tax Assessment Act 1997

14   Section 20-5 (table item 10)

Repeal the item, substitute:

10

An R&D entity:

• receives, or becomes entitled to receive, a recoupment from government relating to R&D activities; or

• can deduct, under Division 355, expenditure on goods, materials or energy used during R&D activities to produce marketable products or products applied to the R&D entity's own use;

and the entity is entitled under Division 355 to a tax offset relating to those R&D activities.

An amount is included in its assessable income.

Subdivision 355-G