Tax Laws Amendment (Research and Development) Act 2011 (93 of 2011)
Schedule 2 Innovation Australia's role
Part 1 Main amendment
Industry Research and Development Act 1986
26A Simplified outline
The following is a simplified outline of this Part:
The Board may, on application by an R&D entity, register the R&D entity for R&D activities. This registration is needed before the R&D entity can be entitled to a tax offset (an R&D tax offset ) under Division 355 of the Income Tax Assessment Act 1997 for the R&D activities.
The R&D entity can seek an advance finding to get early notice about whether an activity is considered to be an R&D activity.
The R&D entity can seek a finding that an activity cannot be conducted in Australia. The finding is needed before expenditure incurred on the activity can count towards an R&D tax offset.
The Board may register entities as research service providers capable of providing research services to R&D entities.
Internal and external review can be sought for certain decisions under this Part.
Division 2 - Registering for the R&D tax offset
Subdivision A - Introduction
27 Simplified outline
The following is a simplified outline of this Division:
The Board may register an R&D entity for R&D activities conducted during an income year.
The Board may make findings about the nature of an R&D entitys activities both before and after registration. This includes findings made on application by the R&D entity after registration.
These findings bind the Commissioner for the purposes of any entitlement of the R&D entity to a tax offset under Division 355 of the Income Tax Assessment Act 1997 for the activities.
The Board will register an R&D entitys activities consistently with any findings made about the entitys application. Any findings made about these activities after registration will, if necessary, automatically vary the entitys registration.
Registrations can also be varied and revoked.
Subdivision B - Registering R&D entities for R&D activities
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