The Commissioner has lodged a notice of appeal to the Federal Court against the decision of Frost DP in AAT Case [2013] AATA 846, Re Desalination Technology Pty Ltd and FCT. In that case, the AAT had held that a taxpayer company was entitled to an R&D offset of $363,281 under s 73J of the ITAA 1936 for the 2009 income year in relation to activities associated with the development of desalination units. The AAT arrived at this decision even though the taxpayer had only partially paid the total amount invoiced, and the balance had not been paid.
[LTN 1, 3/1/14]