Income Tax Assessment Act 1997
An *R & D activity covered by one or more of the following paragraphs is an activity to which this section applies:
(a) the R & D activity is conducted for the *R & D entity solely within Australia;
(b) if the R & D entity is a body corporate carrying on business through a permanent establishment (as described in subsection 355-35(2) ) - the R & D activity is conducted:
(i) for the body corporate; but
and the conditions in section 355-215 (activities conducted for a body corporate by its permanent establishment) are met for the R & D activity;
(ii) not for the purposes of that permanent establishment;
(c) the R & D activity is conducted for one or more foreign residents who are each:
(i) incorporated under a *foreign law; and
and the conditions in section 355-220 (activities conducted for a foreign entity) are met for the R & D activity;
(ii) a resident of a foreign country for the purposes of an agreement of a kind described in subsection 355-35(2) ;
(d) the R & D activity is:
(i) conducted for the R & D entity solely outside Australia; and
(ii) covered by a finding in force under paragraph 28C(1)(a) of the Industry Research and Development Act 1986 ;
(e) the R & D activity consists of several parts, with:
(i) some parts being conducted for the R & D entity solely within Australia; and
(ii) the other parts being conducted for the R & D entity outside Australia while covered by a finding in force under paragraph 28C(1)(a) of the Industry Research and Development Act 1986 .
An activity can be covered by a finding under paragraph 28C(1)(a) of the Industry Research and Development Act 1986 if the activity cannot be conducted in Australia.
However, an *R & D activity is not an activity to which this section applies if the activity is conducted, to a significant extent, for one or more other entities not covered by any paragraph of subsection (1).
An entity would not be covered by, for example, paragraph (1)(c) if the conditions in section 355-220 were not met for the R & D activity in relation to that entity.
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