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Who must register R&D activities for the R&D Tax Incentive?

The applicability test for Register R&D activities for the R&D Tax Incentive (ATO), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Only if

Applies only if you claim the R&D Tax Incentive. Whether it applies turns on a fact that no industry, structure or size settles on its own.

What the obligation is

Companies must register R&D activities with AusIndustry within 10 months of the end of the income year.

The R&D Tax Incentive is administered jointly by AusIndustry (registration of activities) and the ATO (tax offset). Companies with annual turnover <$20M receive a refundable offset; others a non-refundable offset. Activities must meet the 'core' and 'supporting' R&D tests. Documentation requirements are intensive.

The applicability test

Applies only if you claim the R&D Tax Incentive. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Companies claiming the R&D Tax Incentive.

What triggers it: Conducting eligible R&D activities.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (6 of 35: only if a further fact applies; 29 of 35: no).

IndustryAnswer
Fintech (non-bank)Only if a further fact applies
Medical devices & therapeutic goodsOnly if a further fact applies
ManufacturingOnly if a further fact applies
Agriculture, forestry & fishingOnly if a further fact applies
Mining & resourcesOnly if a further fact applies
Software & SaaSOnly if a further fact applies
No29 other industries

Business structure and size

StructureAnswer in the 6 industries it can reach, any sizeEngine's reason (fintech (non-bank), 6–19 employees)
Sole traderNoRequires a trigger outside this questionnaire
PartnershipNoRequires a trigger outside this questionnaire
TrustNoRequires a trigger outside this questionnaire
Pty Ltd companyOnly if a further fact appliesOnly if you claim the R&D Tax Incentive
Public companyOnly if a further fact appliesOnly if you claim the R&D Tax Incentive
Not-for-profit (unregistered)NoRequires a trigger outside this questionnaire
Registered charityNoRequires a trigger outside this questionnaire
Super fundNoRequires a trigger outside this questionnaire
Foreign companyNoRequires a trigger outside this questionnaire

Size does not change the answer in the 6 industries it can reach: at every size band the answer is "only if a further fact applies".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
  • Pty Ltd company in fintech (non-bank) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you claim the R&D Tax Incentive.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has an incorporated company and industry: Software & SaaS / Manufacturing / Medical devices & therapeutic goods / Agriculture, forestry & fishing / Mining & resources / Fintech (non-bank). It then applies only if you claim the R&D Tax Incentive. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

When due
Registration within 10 months of end of income year.
Frequency
Annual
Evidence to keep
Activity registration, contemporaneous records, technical evidence, expenditure substantiation.
Status
Current
Priority
High

Penalty for not complying

Maximum penalty: Tax shortfall + interest + recklessness/intentional disregard penalties up to 75%.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Enforcement examples

Where it sits in the corpus

Rules Mate tracks 37 published obligations tagged "tax", 6 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 7 of those apply outright. This obligation is rated high priority, and is a annual obligation.

Regulator, legislation and tools

Regulated by Australian Taxation Office.

ATO: Federal tax administrator covering income tax, GST, PAYG, FBT, superannuation guarantee, STP, and self-managed super funds. Also administers the Director ID regime via ABRS.

ITAA 1997: Modern federal income tax statute (replaces ITAA 1936 progressively).

Free tools that help with this obligation:

Questions

Who must register R&D activities for the R&D Tax Incentive?
Applies only if you claim the R&D Tax Incentive. Whether it applies turns on a fact that no industry, structure or size settles on its own.
Do sole traders need to register R&D activities for the R&D Tax Incentive?
No. Looking in the 6 industries it can reach and every size band, the engine's answer for a sole trader is: no.
Do businesses with 1–5 employees need to register R&D activities for the R&D Tax Incentive?
Only if a further fact applies (1–5 employees, turnover $100K–$1M).
When is "Register R&D activities for the R&D Tax Incentive" due?
Registration within 10 months of end of income year.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.