Australia's R&D Tax Incentive (RDTI) program is undergoing significant changes in 2025, particularly impacting software development claims. These updates aim to enhance compliance, transparency, and alignment with national innovation priorities.

Key Developments in 2025

1. Increased Scrutiny on Software R&D Claims

Software-related claims now constitute over 45% of the approximately 11,500 R&D claimants, surpassing traditional sectors like manufacturing and industrials . In response, the ATO and AusIndustry have intensified compliance reviews to ensure claims are legitimate and well-documented. The ATO's first R&D Tax Incentive Transparency Report, released in October 2024, revealed that 11,545 companies claimed $11.2 billion in R&D spending, highlighting the program's scale and the importance of accurate reporting .

2. Updated Guidance for Software Development

In May 2024, AusIndustry updated its guidance on software-related activities under the R&D Tax Incentive. The revised materials clarify the distinction between core and supporting R&D activities and provide hypothetical case studies to aid businesses in self-assessing their eligibility . Additionally, the ATO is developing new guidance to address modern software distribution methods, including digital channels and cloud computing, replacing the outdated Taxation Ruling TR 93/12 .

3. Strategic Review of the R&D Tax Incentive Program

The Australian Government initiated a "Strategic Examination of Research & Development" in February 2025 to assess the program's effectiveness and alignment with national priorities such as sustainability and advanced manufacturing. The review's findings, expected later in 2025, may lead to further adjustments in the RDTI program .

4. Public Disclosure of R&D Claims

The ATO's transparency report has made R&D claims publicly visible, emphasising the need for accuracy and compliance. Businesses must ensure their claims are substantiated and align with the program's requirements to avoid potential audits and penalties .

Implications for Software Developers

The evolving landscape presents both opportunities and challenges for software developers:

  • Enhanced Compliance Requirements: With increased scrutiny, developers must maintain thorough documentation and ensure their R&D activities meet the program's criteria.

  • Clarity in Eligibility: The updated guidance provides clearer definitions, aiding developers in accurately assessing their eligibility and structuring their claims accordingly.

  • Strategic Planning: The ongoing review may result in changes to the program. Developers should stay informed and adapt their R&D strategies to align with potential new priorities and requirements.

Conclusion

As Australia refines its R&D Tax Incentive program, software developers must navigate the changes diligently. By understanding the updated guidelines, maintaining compliance, and aligning with their innovation goals, businesses can effectively leverage the RDTI to support their research and development endeavours.

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