Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 355.215

    For the purposes of paragraph   355 - 210(1)(b), the conditions for an * R&D activity are as follows:

  (a)   the R&D activity is conducted solely within Australia;

  (b)   if the R&D activity is a * supporting R&D activity, each corresponding * core R&D activity must be:

  (i)   an activity conducted, or to be conducted, solely within Australia; and

  (ii)   an activity for which the * R&D entity is or has been registered under section   27A of the Industry Research and Development Act 1986 , or could be registered for an income year if that core R&D activity were conducted during the income year;

  (c)   there is written evidence that the R&D activity is conducted for the body corporate but not for the purposes of that permanent establishment.

Note:   The body corporate is the R&D entity to the extent that it carries on business through that permanent establishment (see subsection   355 - 35(2)).