Disclaimer
This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your private ruling

Authorisation Number: 1012492927367

Ruling

Subject: Eligibility to claim the R&D Tax Offset in the year ended 30 June 2011

Question 1

Is Company A eligible to claim a deduction for $X under subsection 73B(14) of the Income Tax Assessment Act 1936 (ITAA 1936) for the year ended 30 June 2011, for expenditure incurred on eligible direct costs?

Answer

Yes.

Question 2

Is Company A eligible to claim a deduction for $Y under subsection 73B(14) of the ITAA 1936 for the year ended 30 June 2011, for expenditure incurred on eligible apportionable expenses?

Answer

No.

Question 3

Is Company A eligible to claim a deduction for $Z under subsection 73BA(2) of the ITAA 1936 for the year ended 30 June 2011, for the decline in value of the Vehicle?

Answer

Yes.