If you develop software, products or processes, you may be leaving the R&D Tax Incentive on the table — or claiming it without the contemporaneous records that survive review. And when the IP finally earns, it often sits in the wrong entity: the one that developed it, not the one that should own and licence it. Get the ownership and DEMPE wrong up front and you pay for it in tax and in every future deal.
An R&D claim you can defend and an IP-ownership structure where the entity that earns the income is the one entitled to own it.
Where this maps in the law
R&D Tax Incentive — Division 355 ITAA 1997 (jointly administered by AusIndustry and the ATO); intangibles tax treatment under AASB 138 / AASB 112, DEMPE per OECD Transfer Pricing Guidelines and ATO guidance.
This page is general information only — not personal financial, tax, legal or intellectual-property advice. Any valuation, tax or advisory work is performed under a signed engagement with Local Knowledge Pty Ltd, in accordance with the applicable professional standards. Trademark legal advice is provided by an independent registered trade marks attorney.
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