The last 18 months have been significant to the development of the law underpinning the R&D provisions. Recent Court and Tribunal decisions (several of which in the agribusiness sector) have provided taxpayers, the Commissioner and DISR with a more precise understanding of how the R&D provisions are to be interpreted. This session, in an agribusiness context, examined the following topics from the perspective of Brett Zimmermann, Assistant Commissioner, Tax Counsel Network with technical responsibility for the ATO’s significant R&D litigation and Taxpayer Alerts, and Troy Whelan the Queensland Regional Director of Private Wealth.
- The decision in GQHC and Commissioner of Taxation – circumstances when the Commissioner may put R&D eligibility in dispute and feedstock in primary production
- Discussion of other recent tax R&D cases – TDS Biz and Sunlite
- Taxpayer Alert TA 2023/4 and R&D expenditure incurred to an associate
- Taxpayer Alert TA 2023/5 R & D and expenditure on R&D activities conducted overseas for a foreign entity
- R&D Transparency measure; and
- Governance and risks with R&D claims.