Is it eligible?

Manufacturing scale-up and the R&D Tax Incentive

Sometimes eligible

Sometimes. Scale-up can be core R&D only where a specific physical effect, such as heat transfer, mixing or impurity behaviour, means bench results cannot predict what happens at the larger scale, and runs are designed to find out. Building capacity with a process that already behaves predictably, and validation batches, are not R&D.

Reviewed by George WalchFacts last verified

When it qualifies

Polymorph control in a larger crystalliser

An illustrative company makes a drug substance whose stable crystal form appears reliably in a 1 litre vessel. In a 500 litre vessel cooling is slower and mixing is uneven, and its search found no data on whether the desired form still nucleates first under those conditions. It records a hypothesis about seeding and cooling profile, runs designed batches varying both, and analyses each by X-ray diffraction. Those batches are core until the process is predictable.

When it does not

Three validation batches for the GMP file

With the process settled, the same company runs three consecutive process performance qualification batches to show the validated process consistently meets specification, then adds a second, identical crystalliser to double output. Every result is expected. The validation batches are compliance and production work, and the added capacity applies an established method. None of it is core.

The evidence that supports it

  • A scale-up risk assessment, written before the runs, naming the effect that bench data could not predict
  • Batch records annotated to mark the start and end of each test condition
  • Analytical results for each run and the evaluation that compared them with the hypothesis
  • The decision record showing when the process was judged predictable and the core activity closed
  • Cost allocation tables apportioning materials, energy and staff time to test windows only
  • Records of what happened to each experimental batch (sold, used, held or destroyed) for the feedstock review

Moving a process from the bench to production scale is expensive, slow and often fails, which makes it feel like research. Expense and difficulty are not the test. The question is whether the outcome at the larger scale could be known in advance by a competent process engineer working from the smaller-scale data and published knowledge.

The test: name the effect that does not scale

"Never made at this volume" is not an uncertainty, and AusIndustry says stating that a scale-up is new is not enough. A scale-up activity can be core only where the company can point to a physical reason the smaller scale cannot predict the larger one, and design runs to resolve it. Typical reasons:

  • Heat transfer. Surface area falls relative to volume, so cooling and heating rates change.
  • Mixing and mass transfer. Gradients appear that a small vessel never had.
  • Kinetics and residence time. Competing reactions shift when hold times lengthen.
  • Impurities and phase behaviour. Trace components build up in recycle streams, or a different crystal form or emulsion appears.

If the larger-scale behaviour could have been modelled or calculated from bench data, running it is engineering, not an experiment. Record the named effect, and the reason modelling could not settle it, before the first larger run. A scale-up plan that only lists target volumes and dates reads as a production schedule, however uncertain the team felt at the time. In Coal of Queensland the Full Federal Court also drew a line between data and outcome: that test numbers cannot be predicted precisely does not mean the outcome was unknown.

Production runs: define the experiment first

Many scale experiments run on production equipment, and the equipment does not decide the answer. Start by defining the core activity: the designed test conditions, the runs that apply them and the evaluation. That activity is judged on its own purpose of generating new knowledge, and a batch run only to test a hypothesis can be the experiment throughout, even on the production line.

The production work around it is a separate question. Where testing is added to a campaign run to make product, the core activity covers only the periods and parts of the run where test conditions were applied, and costs are apportioned to those windows. The rest of the campaign produces goods, so it can be supporting only if its dominant purpose was to support the experiment, which a commercial campaign rarely shows. Routine monitoring between tests is neither core nor supporting, even if its data later informs the experiment. AusIndustry adds that choosing the best settings at scale by trial and error among available options, rather than testing a hypothesis, is not core.

The core activity also ends. Once the process is predictable it is business as usual, and repeating it at another site or line is not a new core activity unless a new knowledge gap is stated. Process validation, tech transfer of a settled process and capacity increases fall on the far side of that line. Testing done to show a product meets a standard is routine testing, set out on materials testing.

Saleable batches and feedstock

Experimental runs often produce something usable. Where R&D output is supplied to others or applied to the company's own use, the ATO's feedstock rules add an amount to assessable income to recover the incentive part of the offset on the inputs and energy consumed. The adjustment is based on the lesser of the feedstock expenditure and the feedstock revenue, and it also applies when an affiliate or connected entity sells or uses the product. Track every experimental batch to its destination so the company's tax adviser can work it out.

Equipment built to run the experiments, and how its cost is claimed, is covered on pilot plants and prototypes and tooling. Trial-stage drug developers will find the surrounding rules on clinical-stage pharma.

Frequently asked questions

Can we claim an entire production campaign that included some trials?
Usually not. Where the campaign was run to make product and testing was added to it, define the core activity as the periods and parts of the run where test conditions applied, and apportion costs to those windows. The production around them is not core, and is supporting only if its dominant purpose was the experiment. Keep run sheets that mark when test conditions started and stopped.
Does a technology transfer to a contract manufacturer count?
Transferring a settled process to a new site usually applies a known process, not an experiment. It can include a core activity only if the receiving site's equipment creates a specific behaviour the existing data cannot predict, stated before the transfer runs.
Are experimental batches later used as clinical trial supply a feedstock issue?
Possibly. The feedstock rules apply when R&D output is supplied to others or applied to the company's own use. The ATO says an output from one R&D activity that becomes an input to a later R&D activity does not trigger an adjustment at that stage, but how that applies to trial supply depends on the facts, so raise it with the company's tax adviser before the claim is finalised.

Sources

  1. AusIndustry, Manufacturing sector guide for R&DTI applicants
  2. ATO, Clawback of feedstock adjustments (updated 13 May 2026)
  3. AusIndustry, Excluded R&D activities under the R&DTI
  4. AusIndustry, Conducting core R&D activities (Can scaling-up qualify as core R&D?)

The R&D Tax Incentive is a self-assessment program. This page is general information, not tax, legal or financial advice; eligibility depends on your circumstances and you should seek independent advice for them.