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-B - Meaning of R & D activities and other terms  

SECTION 355-35   R & D entities  

355-35(1)  
Each of the following is an R & D entity :


(a) a body corporate incorporated under an *Australian law;


(b) a body corporate incorporated under a *foreign law that is an Australian resident.

Note:

Each of the above paragraphs extends to a body corporate acting in its capacity as trustee of a public trading trust (see subsection 102T(9) of the Income Tax Assessment Act 1936 ).

355-35(2)  
A body corporate incorporated under a *foreign law that:


(a) is a resident of a foreign country for the purposes of an agreement in force between that country and Australia that:


(i) is a double tax agreement (as defined in Part X of the Income Tax Assessment Act 1936 ); and

(ii) includes a definition of permanent establishment ; and


(b) carries on business in Australia through a permanent establishment (within the meaning of that definition) of the body corporate in Australia;

is an R & D entity to the extent that it carries on business through that permanent establishment.

355-35(3)  
However, an *exempt entity cannot be an R & D entity .


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