Is it eligible?

Materials testing under the R&D Tax Incentive, experiment or routine

Sometimes eligible

Sometimes. Testing can be core R&D when it is the observation step of an experiment, measuring a property no one could predict for a new material, formulation or process. Quality control and lot release confirm expected results, so they are not core; certification to a standard is also excluded by s 355-25(2)(f). Either can still support an experiment.

Reviewed by George WalchFacts last verified

When it qualifies

Slow crack growth in a recycled-content pipe resin

An illustrative company wants to add post-consumer recycled polyethylene to its pressure pipe resin. Contaminants in recycled material can reduce slow crack growth resistance, but its search found no data for its blend and compatibiliser. It records a hypothesis about the highest content that keeps resistance above the required level, makes compounds at stepped content levels, and tests each with the standard slow crack growth method. The tests are the observation step of a core experiment.

When it does not

Lot release and certification testing of the same resin

Once the blend is settled, every production lot is tested against the product standard before release, and samples go to an outside laboratory for certification so the pipe can carry a standards mark. Each result is expected and each test exists to show conformance. Lot release fails the core test because nothing is unknown, certification is also within the exclusion for complying with standards, and neither supports an experiment.

The evidence that supports it

  • The test plan for each experiment, stating which variable each sample isolates and the result that would disprove the hypothesis
  • Sample preparation records linking each specimen to its formulation or process condition
  • Raw test outputs and laboratory reports, dated, including results that failed
  • The evaluation comparing results with the hypothesis and the decision taken next
  • Laboratory invoices and work orders tagged to the experiment, separate from QC and certification work
  • A record of the search of published data done before testing began

Few activities sit so squarely on both sides of the law. Section 355-25(2)(f) excludes from core R&D activities associated with complying with statutory requirements or standards, and lists among them the routine testing and analysis of materials, components, products, processes, soils and atmospheres. Yet testing is how almost every physical experiment observes its result. Whether a given test run is one or the other depends on why it was run.

The deciding question: was the result known?

A test is part of a core activity when it measures something a competent materials scientist or engineer could not predict, for a new material, formulation, geometry or process, as part of a designed experiment. It is routine when it confirms an expected result: that a product meets its specification, that a batch matches the last one, that a supplier's material is what was ordered. That kind of testing fails the core test on its own terms, whatever the reason it was run. The s 355-25(2)(f) exclusion is a second barrier, for testing done to meet a requirement in law or a standard.

Two clarifications prevent most errors.

  • A standard method is not a routine purpose. Salt spray hours, tensile strength or slow crack growth measured with a published standard method can be the observation step of an experiment. The standard is the measuring stick. What matters is whether the result for this material was unknown.
  • Regulation does not decide it either. AusIndustry says activities are not excluded just because they must be conducted in a regulated manner. Testing undertaken to show compliance with a standard is excluded; an experiment that happens to use an accredited laboratory is not.

Where routine testing can still count

Routine testing is not core, but AusIndustry confirms it can be a supporting activity: where products are tested so they can be used in core R&D, that testing can support the core activity. Checking the purity of a raw material before it enters an experimental formulation is an example. It must be directly related to the experiment. Where the testing falls within an exclusion, produces goods or services, or is directly related to producing goods or services (testing that also serves commercial production, for example), it must also pass the dominant purpose test (s 355-30(2)).

Characterisation done as a matter of course is a common grey area. AusIndustry's biotechnology guide lists product characterisation and quality testing as routine. Characterisation that is the measurement in a designed experiment belongs to the core activity; characterisation of every product shipped does not.

Shared laboratories and shared staff

The same technicians and instruments usually run both kinds of test. The claim then rests on records made run by run: a work order or notebook entry that says which experiment a sample belongs to, or that it is QC. Instrument time, consumables and staff hours are apportioned on those records, and a laboratory that only logs results, not purposes, leaves the split to guesswork.

Testing outside the laboratory routine

  • Developing a test method can be core where its feasibility is genuinely uncertain.
  • Failure analysis is routine unless it uncovers an unknown mechanism that the company then tests by experiment.
  • Testing overseas at a facility not available in Australia needs an overseas finding applied for before the end of the income year in which it is conducted.

Testing linked to process scale is covered on manufacturing scale-up, testing of prototype parts on prototypes and tooling, and laboratory assays for human samples on diagnostics and IVD development. The excluded categories are listed under excluded activities.

Frequently asked questions

Our testing is done by an accredited outside laboratory. Can we claim it?
Yes, the cost of outsourced tests that form part of a core or supporting activity is R&D expenditure like in-house testing, provided the work is done for your company and you bear the cost. The laboratory's accreditation does not make the testing routine; why the test was run decides that.
Is failure analysis of a field return R&D?
Usually not. Finding out why a part failed using established techniques is routine analysis. It can lead into R&D when the analysis shows an unknown failure mechanism and the company then designs experiments to test a hypothesis about it.
We are developing a new test method. Is that core?
It can be. Where no published method can measure the property you need, at the precision or speed you need, and you do not know whether your approach will work, developing the method is an experiment in its own right.

Sources

  1. AusIndustry, Excluded R&D activities under the R&DTI
  2. AusIndustry, Biotechnology and medical sciences sector guide (routine testing examples)
  3. AusIndustry, Apply for an overseas finding

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.