Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p4
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 4/11)
Character Range: 5234142–5236892

under subsection (1); nor
 (b) expenditure incurred under the *CRC program, to the extent that the expenditure is incurred out of:
 (i) a contribution an R&D entity can deduct under subsection (1); or
 (ii) Commonwealth funding;
can be deducted by any R&D entity under any other provision of this Division for any income year.
 (4) If an asset's *cost includes expenditure incurred under the *CRC program out of:
 (a) a contribution an *R&D entity can deduct under subsection (1); or
 (b) Commonwealth funding;
an amount equal to the asset's decline in value cannot be deducted under this Division by any R&D entity for any income year.

Subdivision 355‑W—Other matters

Table of sections
355‑705 Effect of findings by Industry Innovation and Science Australia
355‑710 Amendment of assessments
355‑715 Implications for other deductions and tax offsets

355‑705  Effect of findings by Industry Innovation and Science Australia

Findings about registration or core technology
 (1) If:
 (a) a certificate given to the Commissioner under the Industry Research and Development Act 1986 sets out:
 (i) a finding under section 27B of that Act about an *R&D entity's application for registration under section 27A of that Act for an income year; or
 (ii) a finding under section 27J of that Act about an R&D entity's registration under section 27A of that Act for an income year; or
 (iii) a finding under section 28E of that Act about an R&D entity and one or more *R&D activities conducted or to be conducted during one or more income years; and
 (b) the finding was made within 4 years after the end of the income year or the last of the income years (as appropriate);
the finding binds the Commissioner for the purposes of assessments of the R&D entity for the income year or years (as appropriate).
Note: Section 28E of the Industry Research and Development Act 1986 deals with findings that technology is core technology for particular R&D activities. Expenditure incurred in acquiring such technology is not deductible under this Division (see subsection 355‑225(2)).

Advance findings about activities yet to be completed
 (2) If:
 (a) an activity is being conducted, or is yet to be conducted, in an income year; and
 (b) an *R&D entity applies in the income year for a finding under section 28A of the Industry Research and Development Act 1986 about the activity; and
 (c) Industry Innovation and Science Australia makes the finding and gives the Commissioner a certificate under that Act setting out the finding;
the finding binds the Commissioner for the purposes of assessments of the R&D entity for the income year and the next 2 income years.

Advance findings about completed activities
 (3) However, if:
 (a) an activity is completed during