Income Tax Assessment Act 1997
An *R & D entity can deduct for an income year (the present year ) expenditure it incurred to its *associate during an earlier income year to the extent that:
(a) the expenditure was incurred on one or more *R & D activities:
(i) for which the R & D entity is registered under section 27A of the Industry Research and Development Act 1986 for an income year; and
(ii) that are activities to which section 355-210 (conditions for R & D activities) applies; and
(b) the expenditure is paid to that associate during the present year; and
(c) subsection (2) applies to the expenditure.
Expenditure paid in income years starting on or after 1 July 2011 may be deductible for activities registered for income years starting before 1 July 2011 (see section 355-200 of the Income Tax (Transitional Provisions) Act 1997 ).Expenditure cannot have been otherwise deducted etc. 355-480(2)
This subsection applies to the expenditure if:
(a) the *R & D entity can deduct the expenditure, or is entitled to a *tax offset for the expenditure, under any other Division of this Act for an earlier income year; and
(b) by the time of lodging its *income tax return for the most recent income year before the present year, the R & D entity had neither:
(i) deducted the expenditure; nor
as described in paragraph (a). 355-480(3)
(ii) obtained a tax offset for the expenditure;
The entitlement to the deduction, or *tax offset, described in paragraph (2)(a) ceases to the extent that subsection (2) applies to the expenditure.
Example:Notional deduction is subject to integrity rules etc. 355-480(4)
If, by the time mentioned in paragraph (2)(b), an R & D entity chose to deduct only a third of the expenditure it could have deducted under another Division, then the remaining 2 thirds of that expenditure:
(a) can be deducted under this section; but (b) can no longer be deducted under the other Division.
This section has effect subject to section 355-225 (excluded expenditure), Subdivision 355-F (integrity rules) and subsection 355-580(3) (CRC contributions).