27BFindings about applications for registration

27B Findings about applications for registration

(1) The Board may make one or more findings to the following effect when considering an R&D entity’s application for the purposes of subsection 27A(1): (a) that all or part of an activity mentioned in the application was a core R&D activity conducted during the income year; (b) that all or part of an activity mentioned in the application was not an activity of a kind covered by paragraph (a); (c) that all or part of an activity mentioned in the application was a supporting R&D activity conducted: (i) during the income year; and (ii) in relation to one or more specified core R&D activities for which the entity has been or could be registered under section 27A for an income year; (d) that all or part of an activity mentioned in the application was not an activity of a kind covered by paragraph (c).

Note 1: A finding is reviewable (see Division 5).

Note 2: The Board could make a finding under paragraph (b) if, for example, the Board has insufficient information to make a finding under paragraph (a). Similarly, the Board could make a finding under paragraph (d) if it has insufficient information to make a finding under paragraph (c).

Note 3: The Board may also make findings after registration (see subsection 27J(1)).

(2) If the Board makes a finding under subsection (1) in relation to the R&D entity’s application, the Board may specify in the finding the times to which the finding relates.

Note: Example: A finding under paragraph (1)(a) could specify the times during the income year that an activity was a core R&D activity.

(3) This section has effect subject to section 32B (findings cannot be inconsistent with any earlier findings).