Moreton Resources Limited v Innovation and Science Australia [2019] FCAFC 120 (25 July 2019) (Davies, Moshinsky and Steward JJ) - 13wentworthselbornechambers
16848
post-template-default,single,single-post,postid-16848,single-format-standard,ajax_fade,page_not_loaded,,qode-child-theme-ver-1.0.0,qode-theme-ver-16.8,qode-theme-bridge,disabled_footer_top,wpb-js-composer js-comp-ver-5.5.2,vc_responsive
 

Moreton Resources Limited v Innovation and Science Australia [2019] FCAFC 120 (25 July 2019) (Davies, Moshinsky and Steward JJ)


Catchwords:


TAXATION – research and development tax offset – underground coal gasification (UCG) facility – pilot project – where appellant undertook a pilot project to test the viability of using UCG technology at a particular site to produce UCG synthesis gas that would then be cleaned and stabilised for production of electricity using gas turbines – where pilot project failed – where registered activities for subsequent years included remediation of the site – whether the registered activities for the subsequent years were “supporting R&D activities” within the meaning of Div 355 of the Income Tax Assessment Act 1997 (Cth) – whether the registered activities constituting the pilot project fell within the definition of “core R&D activities” – whether the Administrative Appeals Tribunal erred in its construction of “core R&D activities”