Income Tax Assessment Act 1997

CHAPTER 2 - LIABILITY RULES OF GENERAL APPLICATION  

PART 2-10 - CAPITAL ALLOWANCES: RULES ABOUT DEDUCTIBILITY OF CAPITAL EXPENDITURE  

Division 43 - Deductions for capital works  

Subdivision 43-A - Key operative provisions  

Operative provisions

SECTION 43-35  

43-35   Requirement for registration under the Industry Research and Development Act  

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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 ).

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History

S 43-35 substituted by No 93 of 2011, s 3 and Sch 3 item 26, effective 8 September 2011. For application, savings and transitional provisions see note under Div 355 heading. S 43-35 formerly read:

SECTION 43-35 Requirement for body corporate to be registered under the Industry Research and Development Act  
43-35
A body corporate may deduct an amount under this Division on the basis of using capital works for the purpose of carrying on ^* research and development activities only if the body corporate is registered under section 39J (Registration of eligible companies) or 39P (Joint registration) of the Industry Research and Development Act 1986 .

Note:

Research and development activities must be carried on in connection with a business carried on for the purpose of producing assessable income, see section 43-195 .

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