Glossary

Base rate entity: the company tax test that sets your R&D offset rate

A base rate entity is a company with aggregated turnover under $50 million whose passive income (interest, dividends, rent, royalties) is no more than 80% of its assessable income. It pays 25% tax, so its refundable R&D offset is 43.5%. A company failing the test pays 30%, so if otherwise refundable it gets 48.5%.

Reviewed by George WalchFacts last verified

Example

An illustrative pre-revenue biotech has raised capital and holds it on deposit. Its only assessable income for the year is $90,000 of interest, which is all passive income, so it is not a base rate entity and pays 30%. Its refundable offset on $1 million of notional deductions is 48.5%, or $485,000. A trading company otherwise identical, taxed at 25%, would get $435,000.

Legislative reference: Income Tax Rates Act 1986, s 23AA (meaning of base rate entity) and s 23AB (base rate entity passive income); Income Tax Assessment Act 1997, s 355-100(1) (offset tied to corporate tax rate)

Related terms: refundable offset, aggregated turnover, non refundable offset, intensity premium

The R&D offset is not a fixed percentage. Section 355-100 sets it as the company's own corporate tax rate plus a premium, so whatever decides the tax rate also decides the offset. For most claimants that is the base rate entity test.

The test

Under section 23AA of the Income Tax Rates Act 1986, a company is a base rate entity for a year if:

  • no more than 80% of its assessable income is base rate entity passive income; and
  • its aggregated turnover, worked out at the end of the year, is less than $50 million.

Passive income under section 23AB includes:

  • dividends and other corporate distributions (other than non-portfolio dividends), plus their franking credits;
  • interest, royalties and rent;
  • gains on qualifying securities and net capital gains; and
  • partnership or trust amounts traceable to those.

What it means for the R&D offset

CompanyTax rateRefundable offsetNon-refundable tiers
Base rate entity25%43.5%33.5% and 41.5%
Not a base rate entity30%48.5%38.5% and 46.5%

The 25% rate has applied from 2021-22, after 27.5% from 2017-18 and 26% in 2020-21.

The higher rate is most common for pre-revenue startups living on interest, and for companies whose income is mostly royalties. The refundable offset page covers the rest of the calculation, and the calculator asks for the tax rate. Treasury's exposure draft of the 2026-27 Budget changes (consultation 10 to 28 September 2026) proposes a 23 point premium for income years starting on or after 1 July 2028, giving 48% at 25% and 53% at 30%, refundable only for younger companies and non-refundable for older ones under $50 million; that is proposed, not law (see higher core offset rates).

Frequently asked questions

Why would a startup with no revenue get the higher 48.5% rate?
If its only assessable income is interest on money it raised, more than 80% of its income is passive, so it is not a base rate entity and its tax rate is 30%. The R&D offset is the tax rate plus 18.5 points.
Does R&D grant income affect the test?
The test compares passive income with total assessable income. Income that is not in the passive list, such as trading income, lowers the passive share; check grant treatment with the company's accountant.
Is the rate decided at the start of the year?
No. The test uses the year's own assessable income and its aggregated turnover worked out at the end of that year, so the rate is known only once the year closes.

Sources

  1. Income Tax Rates Act 1986, ss 23AA and 23AB (Federal Register of Legislation)
  2. ATO, Changes to company tax rates
  3. Income Tax Assessment Act 1997, s 355-100 (Federal Register of Legislation)

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.