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your better mousetrap
Every year, the federal government gives out about $4-billion to help businesses develop new products and processes. About 25,000 companies make claims, but there are many more that probably could – and would – if they knew where to start.
That’s not all! Chartered Accountant Brian Cookson, a partner with RDP Associates Inc. in Toronto, says that many claims could be bigger if companies really knew what the Canada Revenue Agency (CRA) looks for in its evaluation. And, others could avoid having their claim amounts reduced by the CRA if they did the paperwork properly and had better systems to track and document their work.
Here are Cookson’s top tips for helping your business cash in on the incentives and savings that could, just possibly, be yours for the taking.
Most goes to the big four – With much of Canada’s economy rooted in manufacturing, it’s not surprising that half of the SR&ED funds have traditionally gone to industries like auto parts and tool-and-die making. The next-largest beneficiary is software and IT, which accounts for roughly another 30 per cent, Cookson says. The remaining 20 per cent is split largely between “farms and pharma” – agriculture and pharmaceutical companies. But things change. Many companies that are not in typical SR&ED claim-eligible businesses – like wholesalers and distributors – now sometimes create new products or improve processes in ways that could qualify.
Maximize your claim – The biggest “missed opportunities” for companies? Failing to get all the refunds or credits they might be entitled to. For instance, not identifying SR&ED projects at the right levels for funding, failing to include eligible activities and costs, and just-plain not recognizing which projects qualify for the program. All are ripe areas that experienced, trained consultants familiar with the program can help investigate, Cookson says.
The stakes can be high, but don’t get greedy – Eighty per cent of the clients Cookson helps with their SR&ED claims each year receive more than $50,000 in benefits and savings; many get more than $200,000. He recommends, however, that you don’t get greedy. If you develop new products and processes each year, it makes sense that you file a SR&ED claim each year. A CRA site review is inevitable, so create a good impression and demonstrate that you understand the rules. Don’t claim 80 per cent of the president’s salary as eligible for SR&ED if you can’t back it up, especially when it’s clear that most of his or her time is spent on the commercial side of the business.
Make money even when you lose money – By way of illustration, Cookson says that a privately owned Canadian company in Ontario, with the right profit levels, doing the right things in the right industry, could potentially get back more than 40 per cent of what they spend on research and development from the program. A large company could get as much as 20 per cent. Even a privately owned Canadian company that reports a net loss in profitability won’t necessarily find their benefits are impacted. Under the right circumstances, the SR&ED credits can offset taxes you owe or generate a refund in the amount of the credits, even if your business loses money!
Documentation is key – By far, Cookson says, the biggest challenge most companies face in making SR&ED claims to the CRA is keeping proper paperwork and sufficient documentation to substantiate them. Much of what is needed is reconstructed ad hoc with little contemporaneous documentation, he says – omissions, the government hates.
Don’t be a slave to the calendar – The SR&ED program is nothing if not flexible. Credits claimed in a single year can be carried back as much as three years to recover past taxes paid. They can also be carried forward to offset future taxes for as long as 20 years.
Preapproval not required – There is no need to get approval to make an SR&ED claim before beginning that new initiative, although you can do so in certain cases. Your eligibility will be determined as your claim is filed and processed.
Don’t forget to file the claim – There is an 18-month deadline for making an SR&ED claim. You can miss some tax deadlines and either there is no effect, or you can get the same tax result with a minor penalty. However, SR&ED claims are different – if you miss the deadline, you get nothing.
Expect a visit from the CRA – To keep this very expensive program honest, the CRA administers it carefully. Cookson says a team of technical auditors, engineers, and other highly trained professionals visit claimants to assess progress and the validity of their claims. Roughly one-third of all claims are audited each year, and you can expect to be the subject of one of these in-depth evaluations at least every five or six years. So keep a tight rein on your records and data.
Brought to you by The Institute of Chartered Accountants of Ontario
