The Australian R&D Tax Incentive is open to companies in every sector, but most claims cluster into eight activity types. Eligibility is determined by the work, not the industry. To qualify, your company must conduct experimental activities with genuine technical uncertainty, follow a systematic progression of work under section 355-25 of the ITAA 1997, spend at least $20,000 in eligible expenditure, and register with AusIndustry within 10 months of the end of your income year.
The Australian R&D Tax Incentive (R&DTI) is often associated with cutting-edge innovation. In practice, claims tend to come from a fairly consistent set of industries and activity types.
Eligibility is not determined by the industry itself. It is determined by whether the work involves genuine technical uncertainty, a systematic process of experimentation, and the generation of new knowledge. That test, set out in section 355-25 of the Income Tax Assessment Act 1997, applies equally to a SaaS platform and a feedlot, a fintech and a mine site.
According to the ATO's latest R&D transparency report, 12,956 companies claimed $16.2 billion of R&D expenditure in 2022-23, a 44.6% jump on the $11.2 billion claimed the year before. Eight activity areas account for the overwhelming majority.
Source: ATO, R&D Tax Incentive Transparency Report 2022-23 (published September 2025). Small business: turnover under $10m.
What qualifies as R&D for tax purposes in Australia?
Eligible R&D under section 355-25 of the ITAA 1997 means experimental activities whose outcome cannot be known in advance, conducted through a systematic progression of work (hypothesis, experiment, observation, evaluation) for the purpose of generating new knowledge. Routine work applying known solutions to predictable problems does not qualify.
Two activity types are recognised by the legislation. Core R&D activities are the experiments themselves. Supporting R&D activities (section 355-30) are activities directly related to core R&D, or carried out for the dominant purpose of supporting it. Both must be registered annually with AusIndustry through business.gov.au.
Who is eligible to claim the R&D Tax Incentive?
You must be an R&D entity (generally an Australian-incorporated company), have at least $20,000 in eligible notional R&D deductions for the year, and register your activities with AusIndustry within 10 months of the end of your income year. Trusts, partnerships and individuals are not eligible to claim.
The offset rate depends on aggregated turnover. Companies under $20 million receive a refundable offset at the corporate tax rate plus 18.5% (effectively 43.5% for base rate entities). Companies at or above $20 million receive a non-refundable, intensity-based offset, set out in the ATO's rates of R&D tax incentive offset guidance.
If your company is still being formed, our guide to company structures in Australia covers the entity rules that determine R&DTI access.
The 8 most common areas for R&D Tax Incentive claims
Across the claims data published in the ATO's R&DTI transparency reports, eight activity areas come up consistently.
1. Software development (advanced or experimental)
Software is one of the largest categories of R&D claims, but only where the work goes beyond standard development. Eligible activity typically involves new algorithms or data processing methods, performance optimisation where the technical limits are not known in advance, novel system architectures, or real-time and high-scale constraints that existing solutions cannot satisfy. The line is sharp: not all software qualifies, only the parts where genuine technical uncertainty existed and experimentation was needed to resolve it.
For SaaS and tech businesses, our tech and SaaS accounting service page sets out how we structure R&D claims alongside revenue recognition and grant compliance. The ultimate guide to accounting for SaaS and IT businesses goes deeper into the operating-model questions.
2. New processes and methodologies
Many businesses innovate not by creating new products, but by changing how things are done. Common examples include new data processing workflows, novel engineering or production methods, improved system architectures, and operational methods that require technical validation. This category is frequently overlooked but is relevant across software, manufacturing, logistics and services. It applies anywhere the approach to solving a problem is what is being developed and tested.
3. Engineering and manufacturing (product development)
This is one of the most consistent and well-accepted areas of R&D activity. Manufacturing was the second-largest claimant industry in 2022-23, with roughly $3.57 billion in claimed expenditure across the three reporting segments in the ATO's 2022-23 transparency report. Typical work includes designing new physical products, modifying existing products for new applications, developing components or assemblies, and improving durability, performance or efficiency where the outcome cannot be predicted in advance. Physical systems introduce real-world variables (materials, tolerances, environmental conditions) that need to be tested rather than assumed.
4. Prototyping and iterative testing
Prototype development sits at the heart of many successful claims. The work usually involves building early-stage prototypes, conducting stress or destructive testing, iterating designs based on the results, and trialling alternative materials or configurations. This activity aligns directly with the program's concept of systematic experimentation, which is part of why it is so commonly claimed. Early-stage companies should review our startup accounting advisory guidance to understand how prototype costs interact with the R&DTI.
A current example from our practice: we act for an engineering business that designs and builds equipment for beauty salons. Each new unit goes through repeated prototype cycles because component performance, heat tolerances and safety behaviour cannot be predicted from existing specifications; they have to be built, tested and revised. That documented loop of hypothesis, build, test and evaluation is precisely what AusIndustry expects to see. The R&DTI also shaped the group's structure: the refundable offset is only available to a company, and the claim sits in the trading entity beneath a holding company that manages the cash the offset and trading profits generate.
5. Construction and civil engineering
Less obvious, but a meaningful area of R&D activity in Australia, with around $265 million in claimed expenditure in 2022-23. Examples include developing solutions for difficult ground conditions, designing structures under unusual constraints, solving site-specific engineering challenges, and creating new construction methodologies.
A note of caution: not every site-specific problem is R&D. The work qualifies only where the solution genuinely cannot be determined upfront by a competent engineer using existing knowledge. For builders and trade businesses, our construction and trades accounting service helps separate routine site engineering from genuine R&D.
6. Agriculture and AgTech
Australia's agricultural sector generated around $399 million in R&D claims in 2022-23. Common areas include crop yield optimisation, soil and nutrient treatment methods, irrigation and environmental systems, and livestock health and performance. Many of these projects involve field trials by their nature, which makes them inherently experimental and gives them a strong fit with the program's evidentiary requirements.
7. Food and beverage development
This is one of the most under-recognised areas of eligibility. Activities that may qualify include novel product formulations, shelf-life extension, texture and stability challenges, and scaling recipes from small-batch to commercial production. Routine recipe development on its own is not R&D. The work qualifies where there is a genuine technical problem (for example, a stability or preservation challenge that existing methods cannot solve) and multiple trial-and-error cycles are required to resolve it.
8. Mining, energy and resources
Given Australia's industry mix, this sector contributes a significant share of R&D claims, with roughly $1.48 billion in claimed expenditure in 2022-23. Eligible activities typically include new extraction or processing methods, equipment performance in harsh environments, energy efficiency improvements, and resource recovery techniques.
An important caveat: prospecting, exploring and drilling for minerals or petroleum are statutorily excluded from being core R&D activities under section 355-25(2) of the ITAA 1997. Where these companies tend to have eligible work is in the experimental development of new refining, processing or recovery techniques. In some cases, related drilling or sampling work can be claimed as a supporting activity if its dominant purpose is to support an eligible core experiment.
Source: ATO, R&D Tax Incentive Transparency Report 2022-23 (published September 2025).
What do these eight areas have in common?
Eligible R&D activity, regardless of industry, has three consistent features: a problem that cannot be solved using current knowledge, multiple possible approaches with uncertain outcomes, and a structured process of testing and refinement that generates new knowledge.
Ineligible work, by contrast, applies known solutions to predictable problems, follows routine production or development practices, and produces outcomes that a competent professional could have determined upfront. The program is designed to fund risk-taking that genuinely advances technical knowledge, not work that is merely complex, expensive or commercially novel.
Have Questions About Your R&D Eligibility?
We can run a no-obligation eligibility scoping call to test your activities against the section 355-25 criteria before you commit to an AusIndustry registration.
Contact Us Today →What changed for income years from 1 July 2025?
Activities related to gambling and tobacco are excluded from the R&D Tax Incentive for income years starting on or after 1 July 2025. Documentation expectations have also tightened, with AusIndustry and the ATO expecting contemporaneous records of hypotheses, experiments, observations and evaluations rather than records reconstructed at claim time.
The exclusions are set out on the program page at business.gov.au, with eligibility detail in the program overview. In our experience, claims rarely fail on the science; they fail on the records. Companies that integrate R&DTI planning with broader tax planning and business advisory and forecasting capture more eligible expenditure and avoid late-stage scoping problems.
Key takeaway
The most common R&D claims in Australia are not necessarily the ones that look the most innovative on the surface. They are the ones where the business was forced to ask: will this actually work, and how do we prove it? When that question cannot be answered without experimentation, you are in R&D territory.
42 Advisory provides end-to-end R&D Tax Incentive advisory, from eligibility assessment and AusIndustry registration through to ATO schedule lodgement and audit support. We also support clients with business tax services and CPA accounting to keep R&D claims aligned with broader compliance.
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Schedule a meeting →Disclaimer: The information provided in this article is general in nature, current as at June 2026, and does not constitute specific tax, legal, or financial advice. R&D Tax Incentive eligibility is fact-specific and subject to ongoing AusIndustry and ATO interpretation. We recommend seeking professional advice tailored to your individual circumstances. 42 Advisory is a CPA firm and Registered Tax Agent (TPB No. 26303651).
Frequently asked questions
What qualifies as R&D for tax purposes in Australia?
Under section 355-25 of the ITAA 1997, core R&D activities are experimental activities whose outcome cannot be known in advance, conducted using a systematic progression of work (hypothesis, experiment, observation, evaluation) for the purpose of generating new knowledge.
Who is eligible for the R&D Tax Incentive?
You must be an R&D entity (generally an Australian-incorporated company), incur at least $20,000 in notional R&D deductions in the income year, and register your activities with AusIndustry within 10 months of the end of your income year. Trusts, partnerships and individuals are not eligible.
What rate of R&D offset applies?
Companies with aggregated turnover under $20 million receive a refundable offset at the corporate tax rate plus 18.5% (typically 43.5%). Companies at or above $20 million receive a non-refundable offset based on R&D intensity: 8.5% above the corporate rate where intensity is 2% or less, and 16.5% above the corporate rate for expenditure above that threshold.
Does software development qualify for the R&D Tax Incentive?
Some software development qualifies, but routine coding, configuration, or applying known frameworks does not. The work must involve genuine technical uncertainty resolved through experimentation, such as new algorithms, performance optimisation under unknown constraints, or novel architectures.
Are mining and exploration activities eligible?
Prospecting, exploring and drilling for minerals or petroleum are statutorily excluded from being core R&D activities under section 355-25(2) of the ITAA 1997. Experimental development of new extraction, processing or recovery techniques may still qualify, and related drilling or sampling work can sometimes be claimed as a supporting activity.
What changed from 1 July 2025?
Activities related to gambling and tobacco are excluded from the R&D Tax Incentive for income years starting on or after 1 July 2025. Documentation requirements have also tightened, with AusIndustry expecting contemporaneous records of hypothesis, experiment, observation and evaluation.
Sources: Income Tax Assessment Act 1997, Division 355 (ss355-25, 355-30); ATO, R&D Tax Incentive Transparency Report 2022-23 (published September 2025); ATO guidance on rates of the R&D tax incentive offset; business.gov.au, R&D Tax Incentive program, eligibility and overview pages; AusIndustry registration requirements.
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Geoffrey Tulett
Geoffrey Tulett is a Director of 42 Advisory, helping business owners navigate complex financial and strategic decisions with clarity, confidence and commercial insight. With experience across Australia, New Zealand and Asia, Geoff brings deep expertise in business valuations, mergers and acquisitions, corporate finance, capital raising, R&D, financial modelling and strategic advisory. Geoff has worked alongside founders, entrepreneurs and private business owners at every stage of the business lifecycle — from start-up and growth through to succession planning, investment and exit. He has assisted businesses in securing funding, evaluating strategic opportunities, improving performance and preparing for successful transactions. His advisory approach is built on a simple belief: a business owner's ambitions for their business should work in harmony with their ambitions for life. Geoff works closely with clients to help them build more valuable, scalable and resilient businesses while making informed decisions that support their broader personal and financial goals. At 42 Advisory, Geoff combines technical expertise with a practical, partnership-driven approach, helping clients cut through complexity and focus on the decisions that create long-term value.