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Eligibility: Australia

Who can claim the Australian R&D Tax Incentive, what makes an activity a core or supporting R&D activity under Division 355, the activities the law excludes, and where the work has to be done.

AustraliaLast reviewed 1 October 2026

Australia's R&D Tax Incentive gives companies a tax offset for eligible R&D expenditure. It is jointly administered by the Department of Industry, Science and Resources, on behalf of Industry Innovation and Science Australia, and the Australian Taxation Office. Eligibility has three parts: the company must be an R&D entity, the activities must be core or supporting R&D activities as Division 355 of the Income Tax Assessment Act 1997 defines them, and the activities must be registered with the department before the offset is claimed. This page covers the first two; the registration page covers the third.

Who can claim

Corporations incorporated in Australia, foreign corporations that are Australian residents for tax purposes, and some foreign corporations carrying on business through a permanent establishment in Australia. You must spend at least A$20,000 on eligible R&D in the income year, unless you use a research service provider or contribute to the Cooperative Research Centres Program. The law calls a company that passes these tests an R&D entity.

TestRuleNotes
Entity typeBody corporate: Australian company, resident foreign company, or foreign company with an Australian permanent establishmentTrusts, partnerships, sole traders and tax-exempt bodies cannot claim
Minimum spendAt least A$20,000 of notional deductions in the income yearWaived where the R&D is done by a registered research service provider or is a CRC contribution
RegistrationActivities registered with the department within 10 months of the end of the income yearEvery year, before the claim
LocationActivities conducted in Australia, or overseas with an Overseas FindingSee below
Who benefitsThe R&D entity that incurs the expenditure on its own behalfWork done for another entity, or funded by it, is generally claimed by that entity

What counts as R&D

Core R&D activities are experimental activities whose outcome cannot be known in advance from current knowledge. They follow a systematic progression of work, from hypothesis to experiment, observation and evaluation, leading to logical conclusions, and are conducted to generate new knowledge. Supporting R&D activities are directly related to a core activity, and some must also be undertaken for the dominant purpose of supporting it. Three points in the definition decide most cases.

  • Unknown outcome. The outcome cannot be known or determined in advance on the basis of current knowledge, information or experience, and can only be determined by applying a systematic progression of work based on established science. The test is what a competent professional in the field could know, not what the company knew.
  • New knowledge. The activity is conducted for the purpose of generating new knowledge, including knowledge in the form of new or improved materials, products, devices, processes or services.
  • Dominant purpose for some supporting activities. A supporting activity that produces goods or services, or is directly related to producing them, or is one of the excluded activities, counts only if it is undertaken for the dominant purpose of supporting a core activity.

The department's Guide to Interpretation asks claimants to register activities, not projects: each core activity should describe its hypothesis, the experiment that tests it, how results are observed and evaluated and what conclusion was reached, and each supporting activity should say which core activity it supports. The core and supporting activities page works through the distinction.

Activities that do not qualify

Division 355 lists activities that cannot be core R&D activities, whatever their novelty. They can still be supporting activities if the dominant purpose test is met.

Excluded from core activitiesWhy it matters
Market research, market testing and development, sales promotionCommercial, not scientific, uncertainty
Prospecting, exploring or drilling for minerals or petroleumMining exploration is excluded even where techniques are new; developing a new technique can still qualify
Management studies and efficiency surveysBusiness process work
Research in social sciences, arts or humanitiesOutside the fields of science covered
Commercial, legal and administrative aspects of patenting, licensing and similarProtecting the result is not generating knowledge
Complying with statutory requirements or standardsTesting for compliance alone is excluded; experiments to find out how to comply may qualify
Reproducing a commercial product or process from examination, plans or public informationNothing new is learned
Software for the internal administration of the company's own business functionsThe main exclusion in software claims; see the industries page

Where the work is done

The offset is for activities conducted in Australia. An activity conducted overseas counts only if the department has issued an Overseas Finding for it, which requires among other things that the activity has a significant scientific link to core activities conducted in Australia, cannot be conducted in Australia, and that the overseas spend is less than the Australian spend across the project. The findings page explains the application. Expenditure on an activity conducted in Australia for a foreign related entity can qualify where the Australian company is the R&D entity and the conditions for R&D conducted for a foreign resident are met.

Illustrative example

Illustrative example. Kirra Materials Pty Ltd, a hypothetical Australian company with aggregated turnover of A$8 million, is developing a recycled-polymer composite for marine decking. It does not know whether the composite can reach the required flexural strength without a virgin-polymer binder, and the published literature does not say. It frames a hypothesis, runs batches at different binder ratios, tests them and records the results: a core R&D activity. Producing the test panels, and designing the moulds for them, are supporting activities. The marketing survey of boat builders and the application for a product standard certificate are excluded. Kirra registers two core and two supporting activities for the year, spends A$420,000 on them and, because its turnover is under A$20 million, claims the refundable offset.

Official sources

Educational content only, not tax advice. See the disclaimer.