Substantiating R&D Tax Incentive claims

Entitlement to the incentive is dependent on substantiating relevant “taxable facts”, as opposed to relying solely on documentation, the Federal Court has found. Ross Hocking and Georgia King-Siem discuss the decision.

Contemporaneous documentary evidence is the best, and therefore the recommended, form of evidence to support a Research and Development Tax Incentive (RDTI) claim but a recent Federal Court decision has confirmed its absence is not necessarily fatal to a claim being proven. In Commissioner of Taxation v Bogiatto [2020] FCA 1139, Thawley J of the Federal Court had to determine whether Mr Bogiatto and his related entities were promoters of tax exploitation schemes under s 290-50(1) of the Tax ...

Sign in below or register now to read the full article

Authors: Ross Hocking, Georgia King-Siem

Published Date: 03 December 2020