ATO Finalizes R&D Tax Offset Guidance

The Australian Taxation Office (ATO) has recently announced the finalization of R&D tax offset guidance as Taxation Ruling (TR) 2021/5 Income tax: research and development tax offsets - the 'at risk' rule. The ATO has also finalized Taxation Determination (TD) 2021/9 Income tax: JobKeeper payments received or expected as a result of research and development expenditure.

TR 2021/5 and TD 2021/9 are both dated 22 December 2021 and generally apply both before and after their date of issue…