Glossary

Contemporaneous evidence: R&D records made at the time, not reconstructed later

Contemporaneous evidence is the set of records created while R&D is being done, not reconstructed afterwards: hypotheses written before experiments, test plans, results, evaluations, and time and cost records tied to each activity. AusIndustry and the ATO rely on it to check a self-assessed claim, and records must be kept for five years after claiming.

Reviewed by George WalchFacts last verified

Example

An illustrative software team logs a ticket on 3 March stating that a new cache design will hold p95 latency under 200 ms at 5,000 requests a second, an outcome its engineers could not predict. Benchmark logs from 10 March and pull request notes record the runs, and a review on 24 March concludes the hypothesis was disproved. Worklogs tie each engineer's hours to that activity.

Legislative reference: No single defining provision. Industry Research and Development Act 1986, s 27D (application in the approved form, which carries the record-keeping declaration) and s 27E (requests for information within 30 days)

Related terms: systematic progression, hypothesis, self assessment, registration, ta 2017 5

"Contemporaneous" means made at the time. The R&D Tax Incentive is self-assessed, so the company's own records are what AusIndustry and the ATO examine when they review a claim. AusIndustry says records "should be created at the time the activity is conducted".

Which records support which element

Records support a claim; they do not make an activity eligible by themselves. Each element of the test needs its own kind:

  • Outcome not knowable in advance: literature, prior-art or patent searches and expert opinion, made before the work starts.
  • Hypothesis: a dated note or plan stating what is expected and why, written before the experiment.
  • Experiment: test plans stating what will be tested and how the result will be measured.
  • Observation: raw results, logs and test reports made during the work.
  • Evaluation and conclusion: analysis and a written conclusion after each cycle, including negative results, which also matter for failed experiments.
  • Expenditure: timesheets or worklogs, payroll, invoices and the apportionment method, kept as the costs arise.

Why timing decides the claim

A hypothesis written after the result is not evidence that the result was uncertain. Dates need care too: a document's created or last-edited date shows when the file was made or changed, not when each paragraph was written, which only version history shows. TA 2017/5 insists on proper, detailed and contemporaneous records, and criticises accounting systems that do not separate R&D costs as they are incurred. The systematic progression has to be visible in records with dates. The ATO's own record rules add the cost side: records must show how each expense relates to a registered activity, how it was apportioned, that the company received the major benefit, and when any associate amounts were paid.

Records software teams already make

Issue trackers, pull requests, design documents and worklogs are often the best contemporaneous evidence a software company has, though they show what was done and when, not on their own that the work was R&D or how many hours it took. Rand reads these records from GitHub, Jira, Linear and Notion, and its evidence register lists the dated source records behind each registered activity.

Frequently asked questions

Can records be written up at year end from memory?
A year-end summary can help explain the work, but it is not contemporaneous and cannot stand in for records made at the time. The ATO says backdated records are not appropriate.
Do records have to be in a particular format?
No. The ATO accepts paper or electronic records, in English or easily translated. Tickets, pull requests, lab notebooks, emails and meeting notes can all serve if they are dated and specific about the work.
How long must they be kept?
AusIndustry says 5 years after claiming the expenditure, and the ATO says 5 years after the claim is made. Records may also matter later if a claim for a following year relies on them.

Sources

  1. ATO, Taxpayer Alert TA 2017/5
  2. business.gov.au, Record keeping for the R&D Tax Incentive
  3. ATO, Keeping records and calculating your notional deductions
  4. Industry Research and Development Act 1986, ss 27D and 27E (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.