INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986

PART III - FUNCTIONS RELATING TO THE R & D TAX OFFSET  

Division 2 - Registering for the R & D tax offset  

Subdivision D - Examining registrations  

SECTION 27J   FINDINGS ABOUT A REGISTRATION  

27J(1)  
The Board may make one or more findings to the following effect about an R & D entity's registration under section 27A for an income year (the registration year ):


(a) that all or part of a registered activity was a core R & D activity conducted during the registration year;


(b) that all or part of a registered activity was not an activity of a kind covered by paragraph (a);


(c) that all or part of a registered activity was a supporting R & D activity conducted during the registration year and in relation to:


(i) one or more specified registered core R & D activities; or

(ii) one or more specified core R & D activities for which the entity has been registered in an earlier income year; or

(iii) one or more specified core R & D activities yet to be conducted for which the entity could be registered in the registration year if those activities were conducted during the registration year; or

(iv) several specified core R & D activities, each covered by subparagraph (i), (ii) or (iii);


(d) that all or part of a registered activity was not an activity of a kind covered by paragraph (c).

Note 1:

A finding is reviewable (see Division 5 ).

Note 2:

The Board could make a finding under paragraph (b) if, for example, the Board has insufficient information to make a finding under paragraph (a). Similarly, the Board could make a finding under paragraph (d) if it has insufficient information to make a finding under paragraph (c).

27J(2)  
If the Board makes a finding under subsection (1) in relation to the R & D entity's registration, the Board may specify in the finding the times to which the finding relates.

Example:

A finding under paragraph (1)(a) could specify the times during the registration year that a registered activity was a core R & D activity.

27J(3)  
This section has effect subject to section 32B (findings cannot be inconsistent with any earlier findings).




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