The Federal Court of Australia issued a judgment on 19 March 2021 concerning the tax authority's right to claim repayment from a taxpayer of an undue R&D tax offset refund. The case involved Auctus Resources Pty Ltd, which in its 2013 return self-assessed a loss of AUD 6,615,895 and claimed an R&D tax offset refund of AUD 2,269,336.05. The losses were carried forward and the tax offset refund was paid to the taxpayer.
It was later determined, on a correct application of the law to …