Auctus Resources Pty Ltd v Commissioner of Taxation [2020] FCA 1096

FEDERAL COURT OF AUSTRALIA

Auctus Resources Pty Ltd v Commissioner of Taxation [2020] FCA 1096 File number: WAD 533 of 2019

Judge: STEWARD J

Date of judgment: 31 July 2020

Catchwords: TAXATION – relief under s. 39B of the Judiciary Act 1903 (Cth.) – where taxpayer made application to register resource extraction research project as a research and development activity the purposes of s. 27A of the Industry Research and Development Act 1986 (Cth.) – where Innovation and Science Australia registered project as a research and development activity under s. 27J – where taxpayer subsequently claimed research and development tax offset refunds in its tax return for 2013 year of income – where amount paid by Commissioner to taxpayer following claim for refunds – where Innovation and Science Australia subsequently reviewed project and found that none of the associated activities constituted core or supporting research and development activities – where Commissioner issued notice under s. 8AAZN of the Taxation Administration Act 1953 (Cth.) requiring repayment of a purported administrative overpayment, being the refund paid to the taxpayer – where taxpayer did not dispute during proceedings that it was not in fact carrying out core or supporting research and development activities – whether Commissioner entitled to repayment of the refund pursuant to s. 8AAZN

Legislation: Judiciary Act 1903 (Cth.) s. 39B Income Tax Assessment Act 1936 (Cth.) ss. 166, 166A, 170, 172A, 177 Income Tax Assessment Act 1997 (Cth.) ss. 63-10, 67-30, 355-100, 355-705, 355-710 Income Tax (Transitional Provisions) Act 1997 (Cth.) ss. 67-100, 67-105, 67-115, 67-130 Industry Research and Development Act 1986 (Cth.) ss. 27A, 27J, 27L Petroleum Resource Rent Tax Assessment Act 1987 (Cth.) Tax and Superannuation Laws Amendment (2013 Measures No.1) Act 2013 (Cth.) Taxation Administration Act 1953 (Cth.) ss. 8AAZH, 8AAZN, 15C, Sch. 1, ss. 250-10, 350-10 Taxation Laws Amendment Act (No. 3) 1999 (Cth.) Treasury Laws Amendment (2018 Measures No. 4) Act 2019 (Cth.) Explanatory Memorandum, Tax and Superannuation Laws Amendment (2013 Measures No.1) Bill 2013 (Cth.) Explanatory Memorandum, Taxation Laws Amendment Bill (No. 5) 1998 (Cth.)