INCOME TAX ASSESSMENT ACT 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS  

Division 355 - Research and Development  

Subdivision 355-D - Notional deductions for R & D expenditure  

SECTION 355-215   355-215   R & D activities conducted by a permanent establishment for other parts of the body corporate  


For the purposes of paragraph 355-210(1)(b) , the conditions for an *R & D activity are as follows:


(a) the R & D activity is conducted solely within Australia;


(b) if the R & D activity is a *supporting R & D activity, each corresponding *core R & D activity must be:


(i) an activity conducted, or to be conducted, solely within Australia; and

(ii) an activity for which the *R & D entity is or has been registered under section 27A of the Industry Research and Development Act 1986 , or could be registered for an income year if that core R & D activity were conducted during the income year;


(c) there is written evidence that the R & D activity is conducted for the body corporate but not for the purposes of that permanent establishment.

Note:

The body corporate is the R & D entity to the extent that it carries on business through that permanent establishment (see subsection 355-35(2) ).


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