The R&D Tax incentive scheme replaced the R&D tax concession scheme on the 1st of July 2011.
Some questions have been posed regarding the application of the scheme that we have listed below.
Deductibility of Expenditure
I have registered under the R&D Tax Incentive scheme. Can I claim some of my R&D expenditure under a different section of the Income Tax Assessment Act?
Under the previous R&D concession scheme, you were able to choose to claim a deduction under a different provision. However, under the new R&D Tax Incentive scheme, you cannot choose.
Payments to Associates
Under the R&D Tax Incentive, I can only obtain an R&D tax offset for expenses paid to an associate if it is ‘paid.’ I have issued a cheque on the 30th of June, but it was banked on 2nd of July. Does this constitute payment?
A cheque is considered to be paid when a recipient receives it. If it is promptly banked, then it helps demonstrate the cheque was received on the 30th of June. However if a significant delay occurs in banking the cheque, then the ATO will consider it paid when it is presented and cleared.
Can a journal entry between entities constitute payment?
In a word, no.
Are there any other guidelines with what constitutes a payment?
An amount ‘paid’ has its general legal meaning. There are a number of ATO interpretive decisions, rulings, and cases that can be used to ascertain the meaning in your particular circumstances.
What to do next
If you are claiming R&D Tax concessions, we engage an expert R&D consultant to assist in the preparation of the claim. The best advice is to start the process early, as delays in refunds are often 6 weeks to 3 months in duration.
This article is for general information only and should not be relied upon w