28EFindings about whether technology is core technology

#### 28E Findings about whether technology is core technology (1) If an R&D entity has acquired, or has acquired the right to use, particular technology wholly or partly for the purposes of one or more R&D activities conducted, or to be conducted, during one or more income years, the Board may: (a) find that the technology is core technology for the R&D activities; or (b) find that the technology is not core technology for the R&D activities; or (c) if justified in accordance with the decision‑making principles—refuse to make a finding about the technology and the R&D activities. > Note 1: A finding, or a refusal to make a finding, is reviewable (see Division 5). > Note 2: A finding under paragraph (a) means that a tax offset will not be available for expenditure incurred in acquiring, or in acquiring the right to use, the technology for the R&D activities (see subsection 355‑225(2) of the Income Tax Assessment Act 1997). > Note 3: Section 32A deals with the decision‑making principles. (2) Particular technology is core technology for one or more R&D activities if: (a) a purpose of the R&D activities was or is: (i) to obtain new knowledge based on that technology; or (ii) to create new or improved materials, products, devices, processes, techniques or services to be based on that technology; or (b) the R&D activities were or are an extension, continuation, development or completion of the activities that produced that technology. (3) The Board must make a finding under paragraph (1)(a) or (b) if requested by the Commissioner to make a finding under this section. (4) In addition to subsection (3), the Board: (a) may make a finding under subsection (1) on its own initiative; and (b) must make a decision under subsection (1) if the R&D entity applies for a finding under this section. > Note: For requirements of applications, see section 28G. (5) This section has effect subject to section 32B (findings cannot be inconsistent with any earlier findings).