Glossary

Non-refundable R&D tax offset: reduces tax payable, carried forward if unused

The non-refundable R&D tax offset applies to a company with aggregated turnover of $20 million or more, or one controlled by income tax exempt entities. It reduces tax payable but is never paid as cash. Any unused amount can generally be carried forward to later income years under the tax offset carry-forward rules.

Reviewed by George WalchFacts last verified

Example

An illustrative company with $35 million of aggregated turnover, $40 million of total expenses and a 25% tax rate (a base rate entity) makes a tax loss and has $2 million of notional deductions. The first $800,000 (2% of expenses) earns 33.5%, or $268,000; the other $1.2 million earns 41.5%, or $498,000. The $766,000 offset cannot be used this year, so it is carried forward.

Legislative reference: Income Tax Assessment Act 1997, s 355-100(1) table items 2 and 3 and s 355-100(1A); carry forward under s 63-10(1) table item 35 and Division 65

Related terms: refundable offset, intensity premium, aggregated turnover, expenditure cap, connected and affiliated entities

Every R&D offset that is not refundable is non-refundable. Section 67-30 makes the offset refundable only when it is worked out under item 1 of the rate table, so the non-refundable offset covers everyone else.

Two ways into it

  • Turnover. Aggregated turnover of $20 million or more, counting connected entities and affiliates worldwide for the time they are connected.
  • Exempt entity control. At any time in the year, one or more income tax exempt entities control the company under the connected entity test with a 50% threshold. This applies whatever the turnover.

Either way the rate is the company tax rate plus the intensity premium, and spend above $150 million earns the tax rate only.

How it is used in the return

StepWhat happens
OrderApplied after most offsets, such as the foreign income tax offset, but before refundable offsets
ExcessCarried forward to a later income year under Division 65 (item 35 of s 63-10(1))
ConditionThe company must satisfy the tax offset carry-forward rules

Because it only reduces tax, a loss-making company with turnover above $20 million gets no cash from it at all: a carried-forward amount lowers the tax bill in a later profitable year and is never refunded. That is the gap companies nearing $20 million turnover plan around, and the reason the refundable offset matters to younger companies. Worked examples at three company sizes are in the R&D tax offset.

The 2026-27 Budget proposes, for income years from 1 July 2028, a $50 million refundable threshold and a 10-year age limit counted from a start day, with older companies under $50 million getting their tax rate plus 23 points as a non-refundable offset. That is proposed, not law; Treasury consulted on draft legislation from 10 to 28 September 2026 (see the 10-year refundable offset limit).

Frequently asked questions

What happens to the offset in a loss year?
With no tax payable, the offset cannot be used that year. It is carried forward and applied against tax in a later year, subject to the carry-forward rules.
Is the rate lower than the refundable offset?
Usually. It is the company tax rate plus 8.5 points on spend up to 2% of total expenses and 16.5 points above that, against 18.5 points on all spend for the refundable offset.
Can a company switch between the two offsets from year to year?
Yes. The test is applied each income year, so a company that crosses $20 million of aggregated turnover moves to the non-refundable offset for that year.

Sources

  1. Income Tax Assessment Act 1997, ss 355-100, 63-10 and 67-30 (Federal Register of Legislation)
  2. ATO, Refundable and non-refundable offsets
  3. Treasury, Better targeting the R&D Tax Incentive, exposure draft explanatory materials (consultation 10 to 28 September 2026)

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.