Applications for R&D Tax Concession received after the statutory deadline can only be considered under the limited “exceptional circumstances” provisions for late lodgment. This information may be relevant to R&D Tax Concession customers from areas affected by the recent natural disasters.
Innovation Australia has a limited discretion to accept applications received after the statutory deadline where it considers that the application was lodged late as a result of exceptional circumstances. When exercising its discretion in relation to exceptional circumstances Innovation Australia will consider the relevant facts on a case-by-case basis. Innovation Australia will, however, look specifically for evidence of an unforeseen or unforeseeable event or circumstance (or combination of events or circumstances) that were outside of the control of the applicant.
Circumstances that Innovation Australia may consider to be exceptional include (but are not limited to):
- Natural or other disasters, such as flood, fire earthquake and electricity blackout;
- Delivery delays, such as postal delays outside the applicant’s control, delivery by post to an incorrect destination of a correctly addressed application or misdirection by a commercial or registered courier;
- Personal tragedy or illness, or unforeseeable administrative changes, occurring prior to the deadline; or
- Unforeseeable actions of a third party over which the applicant has little or no control.
Innovation Australia cannot consider requests for late application in advance of the registration deadline. If an application is received after the deadline and Innovation Australia proposes to refuse registration because the application is late, the applicant will be given written notice that Innovation Australia intends to refuse registration. The applicant may, within 30 days, lodge with Innovation Australia a written statement requesting registration giving reasons why the application was late and providing relevant supporting evidence.
To be sure your R&D Concession is paid we strongly suggest that claims are prepared and lodged as early as possible.
Contact us now on 1800 PATTENS for assistance with your R&D Concession application.
