Canada Revenue Agency (CRA)
The SRED tax credit in Canada is administered by Canada Revenue
Agency or CRA (formerly known
as CCRA and Revenue Canada). This federal government incentive
program funds 35% of eligible expenditures for certain Canada
Controlled Private Corporations (CCPCs) and 20% for other
types of entities to encourage R & D. You can think of
CRA as being the silent partner in your R&D program, who
contributes his share after you have commenced your program,
found sources of funds and spent the money.
The SRED tax credit in Canada has traditionally been delivered
by CRA because of its logical linkage to Income Taxes through
its Investment Tax Credit nature. A highly specialized area
based on core income tax legislation but administered under
strict Income Tax Regulations, it is also influenced by constantly
changing administrative guidelines and interpretation. To
explain less than 6 pages in the Income Tax
Act (see last section below), CRA has published approximately
73 papers (Interpretation Bulletins, Information Circulars,
Application Policies, sector-specific papers, etc) amounting
to approximately 6 inches thick of relevant material, parts
of which may influence your project conducted in Canada with
respect to how to properly apply for and receive these Income
Tax Credits. We are familiar with
every inch.
The Three Criteria
Probably no two of us would arrive at the same definition
of SR&ED or even R&D. However, as established through
case law, for the SRED tax credit in Canada it is the Income
Tax Act that is the
final arbitrator. In addition to what most people think of
as “research and development” (i.e. activity in laboratories),
“Experimental Development” is funded, comprising some 95%
of the program’s funding.
At the core of Experimental Development are three requirements:
Technological
Advancement for the purpose of creating or improving a product,
process, material, or device
Technological
Uncertainty
Technological
Content (i.e. systematic investigation by qualified personnel
with appropriate documentation)
Do I Qualify For Research Funding
in Canada Through SR&ED?
How Does TSGI Help to Determine If I Do?
TSGI conducts an up-front screening process to ensure that
your company’s experimental / development project meets these
criteria before you invest any time in the SR&ED tax credit
application process. The work need not be a patentable or
even brand-new invention so long as the above criteria are
met. The starting indicator of whether your company might
qualify is if you are creating (or making incremental improvements
to) a ,
process, device, or material. If so, you should be talking
to us, and we will use our time to conduct a more in-depth
examination. Based on TSGI’s expertise with the program, we
work alongside you and ensure the application process is relieved
from your shoulders as much as possible to maximize this important
opportunity for research funding in Canada for your company.
Nothing Like the Real Thing:
The Income Tax Act Definition of SR&ED
“Systematic investigation or search that is carried out in
a field of science or technology by means of experiment or
analysis and that is:
(a) basic research, namely, work undertaken
for the advancement of scientific knowledge without a specific
practical application in view,
(b) applied research, namely, work undertaken
for the advancement of scientific knowledge with a specific
practical application in view, or
(c) experimental development, namely,
work undertaken for the purpose of achieving technological
advancement
for the purpose of creating new, or improving existing, materials,
devices, products or
processes, including incremental improvements thereto, and,
in applying this definition in respect
of a taxpayer, includes
(d) work undertaken by or on behalf of
the taxpayer with respect to engineering, design, operations
research,
mathematical analysis, computer programming, data collection,
testing and psychological
research where the work is commensurate with the needs, and
directly in support, of
work described in paragraph (a), (b) or (c) that is undertaken
in Canada by or on behalf of
the taxpayer, but does
not include work with respect to
(e) market research or sales promotion,
(f) quality control or routine testing
of materials, devices, products or processes,
(g) research in the social sciences or
the humanities,
(h) prospecting, exploring or drilling
for, or producing, minerals, petroleum or natural gas,
(i) the commercial production of
a new or improved material, device or product or the commercial
use
of a new or improved process,
(j) style changes, or
(k) routine data collection."
Source: subsection 248(1) of the Canadian
Income Tax Act.
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