I'm a consultant in the R&D Tax space. The press release relates to an advanced finding, which is an advanced approval of R&D activities. It does not however guarantee approval for the amount of expenditure they would be claiming. A tax refund of that size would naturally attract the attention of the Australian Tax Office(ATO). The press release is also dated before they could submit their tax return to obtain a 14/15 refund. A key problem with the press release is that there is now a $100million cap on how much expenditure they can claim in a financial year, so theoretically their maximum benefit would be $45million.

$120million in software R&D is a very large spend in Australia for one year, Google Australia for example claims about $40-$50million in R&D spend each year. Atlassian and some of the larger banks would claim a similar amount. I have not heard much about DeMorgan before, however if it all checks out they would be one of the most significant powers in the Australian tech space.

Fellow Australian here (albeit currently living in Tokyo).

The "We create tax refunds" part of your homepage says that a company can get a tax refund even if there is no sales.

Does this mean that if I establish a company tomorrow, invest $100k of capital, and spent $100k of capital on R&D, then the ATO will give my company $45k?

The R&D Tax Incentive was designed to give a cash benefit for startups who have little tax to pay. So your example is correct for a pre revenue entity, assuming no outstanding tax liabilities. Its an entitlement scheme, so as long as your doing R&D, have a company and spending your money through the company, you will get the benefit of the scheme.

It is one area that Australia has a significant advantage over the US for startups.

Yes, you have to spend the money though so youll still be down 55K, it doesnt count to things like capital purchases.

Depends who owns the company you spend the $100k with.

They'd need to pay 30% tax on their income, leaving a net outlay by the government of $15k (15%) overall.

Their income would be less than the $100k. They would have incurred expenses when they provided the services.

I paid $100k, the provider took the $100k and spent $60k. This means they declare $40k income.

The company pays $12k tax.

The Goverment gives $55k to my hypothetical company.

Andrew or David? We've done some work with you before (Vector 5).

Still working for Vector 5!

Cheers, Andrew

I've been through the ATO R&D tax rebate process with a business that had Australian operations, you need audited financials and it takes months of due diligence. As an example, we applied to the ATO with preliminary totals for our 2014 R&D spending in January of 2015, updated our application in March with our audited numbers, answered questions from the ATO for 3 months, had our application approved in June, and the check wasn't cut until September or October.

The credit from the ATO comes in the form of a check, but it's a prepayment against future tax obligations (you lost the tax-loss carry-forward you'd otherwise be able to claim to offset future profits). It's very useful for a startup since it's non-dilutive funding which can be used to get a lot of work done.

So it's difficult to successfully get it, and there's a lot that could go wrong and, say, prompt a lawsuit or criminal case?

Yep, there are all sorts of forms about material representations and liabilities for false statements. It seems like a well-run program, our contacts with the ATO were very sharp and knew which questions to ask. You could tell they've ferreted out fraudulent applications before.

Sounds like something most companies won't touch with a nine foot pole.

If you're honest, it's a great source of money. Our company was doing actual research to the tune of $50M spent in Australia (which was all VC money) so we got back something like $20M in non-dilutive additional financing. That $20M was "free" to us (but we lost out on the ability to write off $50M of losses against our future profits). It encouraged us to spend much more on research which mostly came in the form of salaries for Austrian employees. As long as you're not in the habit of lying to tax authorities, I don't know why every startup wouldn't take advantage.

They do, but hire big accounting firms to do so. This was my mother's job at KPMG, and where I work is going through the process at the moment.

Yep, we had Deloitte AU helping with ours.

Both crazy not to try and do it in house for the cost. Those guys are charging 15% and say you won't get it if you do it yourself. Any confident business person should be able to. It is meant to be self administered. It is a huge profit center for the likes of KPMG.

The R&D Tax scheme is a mix of law, tax and accounting. Like representing yourself in a legal matter or doing your own tax return, if its simple and straightforward you might be ok to claim yourself.

However add a little complexity here or there and it helps to have someone who knows what they're doing to guide you through it. Its a self assessment scheme, like tax, anyone can lodge their own return and the ATO will pay out with only cursory checks.

The real danger lies when you get audited, it can be especially dangerous for startups who have been claiming a few years, ignorant that they have not been claiming properly and are faced with an Audit by the ATO for multiple years of tax refunds. Generally once you add penalties to the tax refunds they must now pay back, the amount will end most startups.

There are many reputable consultants in this space who are capable and cheaper than the big 4. I would suggest sticking to the big 4, Tier 2 Accounting firms and Boutique R&D Tax Firms. They should be registered tax agents and generally you would want to know if they have successfully navigated Ausindustry Reviews and ATO audits before. Avoid suburban accountants like the plague for these things.

Yep.. We were an American company, with Indian investors who bordered on the 40% ownership stake where we'd have to claim their revenue as ours, claiming R&D expenses for goods bought in the US and deployed in Australia with AU employees and backpacker visaholders.. Why in the world would we take the risk of filing our own application when you can easily negotiate a deal with one of the big 4 to 'handle it' for a few hundred k.