Research and Development (R&D) 'at risk' rule
Find out how the ‘at risk’ rule may affect your claim for an R&D tax offset.
The Australian Taxation Office (ATO) has finalised the guidance on the ‘at risk’ rule and how it applies to expenses claimed under the Research and Development (R&D) Tax Incentive:
- TD 2021/9 Income tax: JobKeeper payments received or expected as a result of research and development expenditure
- TR 2021/5 Income tax: research and development tax offsets – the ‘at risk’ rule
The R&D Tax Incentive allows companies to claim a tax offset for their R&D expenses through the lodgment of their annual company income tax return. Smaller companies may claim the R&D Tax Incentive as a refundable tax offset.
Claims for R&D tax offsets may be denied or reduced where the expenditure doesn’t satisfy the at-risk rule, such as where expenses are fully or partly reimbursed
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