Commonwealth Consolidated Acts

INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 39JB

             (1)  For the purposes of this section, an eligible company is taken to have a claim history only if:

                     (a)  the company has claimed a deduction under section 73B of the Income Tax Assessment Act 1936 (otherwise than by way of an application for an amendment of its assessment) in respect of the 1992‑93 year of income, or an earlier year of income; and

                     (b)  the company was not registered under section 39J in respect of that year of income; and

                     (c)  an assessment of the amount of the company's taxable income for that year of income was made before 7 December 1995.

             (2)  If an eligible company has a claim history, paragraph 39J(1A)(a) does not apply in relation to the company in respect of the year of income to which the deduction mentioned in paragraph (1)(a) related.

             (3)  The Board cannot register under section 39J an eligible company that has a claim history in respect of the year of income mentioned in subsection (2) unless the application for registration is made before 1 July 1997.