R&D Grants — December 2024

R&D Tax Incentive claims: the documentation mistakes that trigger ATO reviews

The R&D Tax Incentive is one of the most valuable concessions available to Australian businesses — but claims are increasingly subject to ATO scrutiny. We outline the common errors and what contemporaneous documentation actually requires.

The R&D Tax Incentive is one of the most valuable concessions available to Australian businesses — and one of the most heavily scrutinised. The ATO and AusIndustry have both stepped up compliance activity, and the claims that attract attention share a common weakness: documentation created after the fact.

Contemporaneous documentation means records made at the time the work was done — hypotheses set out before experiments began, results recorded as they occurred, and conclusions linked back to the original technical uncertainty. Claims reconstructed at year-end from invoices and timesheets rarely withstand review, even where the underlying activity was genuinely eligible.

The fix is process, not paperwork volume. A simple documentation framework — maintained as the R&D progresses — protects the claim, speeds up preparation, and materially reduces review risk. If your last claim was assembled retrospectively, this is the year to change the approach.

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