Coal of Queensland Pty Ltd v Innovation and Science Australia [2021] FCAFC 54

Appeal from: Coal of Queensland Pty Ltd and Innovation and Science Australia (Taxation) [2020] AATA 126

TAXATION – research and development tax offset – where applicant held exploration permit for coal – where coal in the area had high level of ash content and the coal seams were banded – where applicant commenced a series of activities to investigate the nature and economic viability of mining the coal – where the Tribunal found that none of the registered activities were “core R&D activities” within the meaning of s 355-25(1) of the Income Tax Assessment Act 1997 (Cth) – where the Tribunal found that the exclusion in s 355-25(2)(b) applied – where the Tribunal found that the activities were not “supporting R&D activities” within s 355-30 – whether the Tribunal made findings for which there was ‘no evidence’ – whether the Tribunal applied the wrong legal test – held: appeal dismissed.

Full decision here.