Re-introduction of the loss carry back rules
Client AlertLoss carry back Australia 2026 helps companies turn tax losses into refunds and improve cash flow.
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By: Himashini Weeraratne, Rebecca Iwanuscha
07 Aug 2023 6 min read

We have undertaken a significant number of ESIC reviews for companies both under the principles-based test and the 100-point test. Some of our key findings to date are as follows:
Depending on your specific circumstances, we offer two options to help a company determine if they are an ESIC:
That’s why the Australian Government’s ESIC measures to incentivise investment in these companies are key to supporting the Federal Government’s sovereign manufacturing innovation agenda.
The ESIC regime provides tax incentives to investors who acquire shares directly from ESICs, assisting in the funding of those companies.
To be an eligible, your company broadly needs to be an innovative company in its early stages with high-growth potential, a geographically broad offering and the ability to scale-up.
The tests to determine this are:
This test identifies whether or not a company is in its ‘early stages’. This is evidenced by a company’s previous year’s income and expenses, along with its date of incorporation or registration. The criteria can be found here.
In order to obtain the above concession, we encourage your company to obtain a private binding ruling (PBR) from the ATO, confirming that the company is an ESIC company.
Depending on the route taken with regards to the ESIC tests, the information included as a part of an ESIC Application can often be a great starting point to consider leveraging the R&D Tax Incentive (RDTI). The program provides targeted R&D tax offsets designed to encourage companies to engage in R&D in Australia.
The RDTI has different levels of support depending on a company’s aggregated turnover (grouping rules apply):
The RDTI is a self-assessment program. It’s crucial that any RDTI claim comprises robust governance processes and substantiating documentation.
Given the time pressures and the administrative burdens, please reach out to discuss your eligibility for these tax concessions and innovation incentives. Our experts will be able to assess your eligibility for these significant concessions and help you navigate the requirements.
Loss carry back Australia 2026 helps companies turn tax losses into refunds and improve cash flow.
The NSW Budget 2026 focuses on health and education spending, with slower growth forecasts, rising debt and targeted foreign investor duty relief measures.
On Tuesday 23 June 2026, Treasurer David Janetzki handed down his second state budget alongside Premier David Crisafulli. Deficits are forecast throughout the forward estimates, with a surplus of $619m projected for 2029-30.