The Canadian government's Scientific Research & Experimental Development (“SR&ED”) program has been controversial at times, with some pundits calling for action to tighten the program and its eligibility requirements. However, the SR&ED program has been a lifesaver for a couple of my clients. These clients were cash starved in their formative years and were able to soldier on and to grow into substantial companies, thanks in part to the funding from the Federal and Ontario SR&ED programs. These companies now pay income tax and employ a significant number of people.
In this blog, I will not delve into the criteria required to make a SR&ED claim, nor all the machinations of the income tax calculations. However, I wish to draw attention to the substantive nature of the SR&ED claims available to those businesses with qualifying expenditures. These benefits are best illustrated through an example.
Assume Research in Lotions Inc. (“RIL”) a company trying to develop an anti-aging formula for men spends $10,000 in SR&ED wages and has various overhead expenses. Since the tracking and identification of overhead SR&ED costs was problematic for most companies, the government provided an alternative election known as the Prescribed Proxy amount. If a company elects to use the proxy, it does not need to track its SR&ED overhead costs, but can simply multiply the $10,000 in SR&ED wages by a predetermined ratio of 1.65. Thus, if a RIL incurs $10,000 in wage costs, it is actually allowed to claim $16,500 ($10,000*1.65) in qualifying expenditures for purposes of the Investment Tax Credit (“ITC”). The $16,500 is then reduced by approximately $2,320 in Ontario SR&ED incentives as discussed below, leaving a balance of eligible expenditures for the ITC of $14,180.
Generally, a Canadian-controlled private corporation ("CCPC") can earn an annual refundable ITC of 35 percent on its first $3 million of qualified expenditures for SR&ED carried on in Canada, and a 20 percent ITC on any excess amount ( 40% of the 20% ITC is refundable). The ITC would be refundable in cash to RIL, or would be applied against any income tax owing by RIL. Non-CCPC's can earn a non-refundable ITC of 20 percent of qualified expenditures for SR&ED carried out in Canada.
So continuing with our example, RIL would be eligible to claim an ITC of $4,963 ($14,180 x 35%). It should be noted that RIL would have to addback the $4,935 to income in the following year.
In Ontario, most companies are eligible for an additional 10% refundable Ontario Innovation Tax Credit. So again following our example, a further refundable credit of $1,650 would be earned ($16,500 x 10%). In Ontario there is also a research and development tax credit of 4.5% that can be applied against income tax, but is not refundable (this credit can be waived, which in certain circumstances makes sense).
For SR&ED incentives in other provinces see this link.
I have simplified the SR&ED tax credit process, as it is extremely complex. The key take away here is that if RIL incurs $10,000 in SRED cost, it would potentially be entitled to SR&ED refunds by the Federal and Ontario governments totaling $6,613 ($4,963 Federal and $1,650 Ontario), making the net cost to RIL of undertaking SR&ED only $3,387. In my opinion, this is a significant incentive for any company to undertake SR&ED, despite the complexities in filing and tracking expenses.
In this blog, I will not delve into the criteria required to make a SR&ED claim, nor all the machinations of the income tax calculations. However, I wish to draw attention to the substantive nature of the SR&ED claims available to those businesses with qualifying expenditures. These benefits are best illustrated through an example.
Assume Research in Lotions Inc. (“RIL”) a company trying to develop an anti-aging formula for men spends $10,000 in SR&ED wages and has various overhead expenses. Since the tracking and identification of overhead SR&ED costs was problematic for most companies, the government provided an alternative election known as the Prescribed Proxy amount. If a company elects to use the proxy, it does not need to track its SR&ED overhead costs, but can simply multiply the $10,000 in SR&ED wages by a predetermined ratio of 1.65. Thus, if a RIL incurs $10,000 in wage costs, it is actually allowed to claim $16,500 ($10,000*1.65) in qualifying expenditures for purposes of the Investment Tax Credit (“ITC”). The $16,500 is then reduced by approximately $2,320 in Ontario SR&ED incentives as discussed below, leaving a balance of eligible expenditures for the ITC of $14,180.
Generally, a Canadian-controlled private corporation ("CCPC") can earn an annual refundable ITC of 35 percent on its first $3 million of qualified expenditures for SR&ED carried on in Canada, and a 20 percent ITC on any excess amount ( 40% of the 20% ITC is refundable). The ITC would be refundable in cash to RIL, or would be applied against any income tax owing by RIL. Non-CCPC's can earn a non-refundable ITC of 20 percent of qualified expenditures for SR&ED carried out in Canada.
So continuing with our example, RIL would be eligible to claim an ITC of $4,963 ($14,180 x 35%). It should be noted that RIL would have to addback the $4,935 to income in the following year.
In Ontario, most companies are eligible for an additional 10% refundable Ontario Innovation Tax Credit. So again following our example, a further refundable credit of $1,650 would be earned ($16,500 x 10%). In Ontario there is also a research and development tax credit of 4.5% that can be applied against income tax, but is not refundable (this credit can be waived, which in certain circumstances makes sense).
For SR&ED incentives in other provinces see this link.
I have simplified the SR&ED tax credit process, as it is extremely complex. The key take away here is that if RIL incurs $10,000 in SRED cost, it would potentially be entitled to SR&ED refunds by the Federal and Ontario governments totaling $6,613 ($4,963 Federal and $1,650 Ontario), making the net cost to RIL of undertaking SR&ED only $3,387. In my opinion, this is a significant incentive for any company to undertake SR&ED, despite the complexities in filing and tracking expenses.
SR&ED Wages Incurred
|
$ 10,000
|
Federal Investment Tax Credit
|
$ (4,963)
|
Ontario Innovation Tax Credit
|
$ (1,650)
|
Out of pocket SR&ED Cost
|
$ 3,387
|
On Thursday I will have a guest post that clarifies several points of confusion in regard to the SR&ED program and provides examples of qualifying SR&ED in industries you would not expect to be eligible to make a SR&ED claim.
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information of a general nature. These posts should not be considered specific advice;
as each reader's personal financial situation is unique and fact specific.
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of the information contained in one of the blogs.