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 B - Registering R & D entities for R & D activities  

SECTION 27B   FINDINGS ABOUT APPLICATIONS FOR REGISTRATION  

27B(1)  
The Board may make one or more findings to the following effect when considering an R & D entity's application for the purposes of subsection 27A(1) :


(a) that all or part of an activity mentioned in the application was a core R & D activity conducted during the income year;


(b) that all or part of an activity mentioned in the application was not an activity of a kind covered by paragraph (a);


(c) that all or part of an activity mentioned in the application was a supporting R & D activity conducted:


(i) during the income year; and

(ii) in relation to one or more specified core R & D activities for which the entity has been or could be registered under section 27A for an income year;


(d) that all or part of an activity mentioned in the application 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).

Note 3:

The Board may also make findings after registration (see subsection 27J(1) ).

27B(2)  
If the Board makes a finding under subsection (1) in relation to the R & D entity's application, 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 income year that an activity was a core R & D activity.

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


 

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