124ZICertificates for research and development

1. For the purposes of section 68CC, a research and development certificate is a certificate, in the form prescribed by the Commissioner, in relation to a person’s research and development tax credit for an income year given to the person by another person who is an accepted research and development certifier that is not associated with the person.

2. For the purposes of this section, an accepted research and development certifier means any person that the Commissioner has approved as an accepted research and development certifier, if the person makes a statutory declaration of the following matters and gives it to the Commissioner, namely a declaration—

3. that the person is competent in applying appropriate accounting and legal standards in relation to research and development tax credits; and
4. declaring any other matters required by the Commissioner to be declared for the purposes of assuring the Commissioner that the person has the legal, accounting, and scientific or technical expertise to complete a research and development certificate.

5. A person may request approval as an accepted research and development certifier by providing information to the Commissioner in the prescribed form. They may also surrender approval.

6. The Commissioner must not approve a person whose approval—

7. would adversely affect the integrity of the tax system:
8. the Commissioner has revoked under subsection (7) in the last 2 years:
9. was surrendered by the person in the last 2 years in anticipation of a revocation.

10. If the Commissioner approves a person, the Commissioner must notify the person, and publish the approval in a publication chosen by the Commissioner. The approval starts from the date that the person requests approval.

11. The Commissioner may, at the Commissioner’s discretion, revoke approval as an accepted research and development certifier. If the Commissioner revokes a person’s approval, the Commissioner must notify the person, and publish the revocation in a publication chosen by the Commissioner. The revocation starts from the date that the revocation is published.

12. The Commissioner must revoke a person’s approval if—

13. the person is liable for a promoter penalty under section 141EB:
14. the person has given a research and development certificate to another person who has, in the 2 years before the income year,—
    1. been liable to a shortfall penalty under section 141D or 141E in relation to research and development tax credits:
    2. entered into a tax avoidance arrangement in relation to research and development tax credits:
15. the person’s approval would adversely affect the integrity of the tax system.