Transcript Document
Welcome to an Update on SR&ED and Other Innovation Funding Todays’ event will begin at 10AM Webinar attendance tip: turn off powersaver and screensaver options on your computer and ensure your zoom settings allow you to see the entire slide 1 This presentation is not sufficient for unassisted tax planning © TSGI-Chartered Accountants 2013 Update on SR&ED and Other Innovation Funding An ICAA Webinar prepared by TSGI-Chartered Accountants May 8, 2013 Webinar attendance tip: turn off powersaver and screensaver options on your computer and ensure your zoom settings allow you to see the entire slide 2 This presentation is not sufficient for unassisted tax planning © TSGI-Chartered Accountants 2013 Presentation Scope and Format This 1 hour presentation will discuss the impact of recent and proposed changes to the SR&ED program and other innovation funding. A slide show and audio stream are both part of this presentation. Familiarity with the SR&ED fundamentals is assumed. For an introduction to SR&ED see tsgi.ca/resources/frequently-asked-questions. Solving Sound Problems and Technical Support If you are having trouble hearing the sound stream please try the following: • Ensure your computer sound system is enabled and is not muted. • Ensure you have joined the conference audio stream by choosing the following menu item: “Communicate ->Integrated Voice Conference->Join Conference” • Further technical support is available by visiting Cisco WebEx support at the following address and typing your question into the search query box: https://support.webex.com/MyAccountWeb/knowledgeBase.do?root=Tools&parent=Knowledge How To Ask Questions Questions from the listening audience are encouraged during the presentation via the built-in Q&A tool. To submit a question, choose your intended recipient and type your question in the window. Additionally, you can use the “Feedback” button to tell us if we are going too fast, too slow or even to indicate laughter or applause. 3 About the Presenters TSGI – Chartered Accountants TSGI is a chartered accountancy that works exclusively in the field of R&D funding for companies headquartered or operating in western Canada. The firm has over 20 years of experience in SR&ED and are former instructors for the ICAA course on this topic. A significant portion of TSGI’s clients are referred by independent and mid-sized CA firms that lack access to internal SR&ED specialists. TSGI does not undertake general accounting or non-SR&ED taxation engagements. KEN CUDMORE President GRAHAM SMITH VP of Bus. Development Ken is a veteran CA with more than 30 years experience in public practice and SR&ED services. He spent three years as a fulltime faculty member at the University of Calgary and is a past instructor of the ICAA SR&ED course. Ken holds a B.Sc. in computer science and a M.B.A. from Dalhousie University Graham has been active in the SR&ED industry for more than 8 years as a claimant and tax preparer. Prior to joining TSGI, Graham spent 11 years in the manufacturing industry as a researcher, manager, and VP at a Calgary-based engineering firm. Graham holds a B.Sc. in physics from the University of Calgary. 4 Recap of the 2012 Budget and Implementation Changes proposed were (implementation dates in brackets) • Reduction of SR&ED contract payments from 100% to 80% (Jan. 1, 2013) • Overhead proxy allowance reduced from 65% to 60% (Jan. 1, 2013) and then to 55% (Jan 1, 2014) • General ITC rate reduced to 15% from 20% (Jan 1, 2014) • Capital expenditure eligibility eliminated (Jan 1, 2014) • $6 million to the CRA to improve program predictability Royal assent received and Budget 2012 effective Dec. 14, 2012 • Enacted generally as proposed • Small surprise: 80% eligibility cap applied to SR&ED contracts and 3rd Party payments • Some flexibility on capital items, for example, soft costs like wages for selfconstructed assets will be allowed. 5 Net SR&ED Benefits In Alberta For the purposes of this table, the rates applicable for 2012 and earlier are shown in grey, rates applicable for 2013 in burgundy, and those for 2014 and later in blue. Table reflects current Alberta legislation maintaining proxy at 65%. Footnotes available at tsgi.ca/resources/frequently-asked-questions 6 Impact of the 2012 Budget Economic Assessment • Service provider data indicates: • CCPC’s: 5-10% reduction in ITCs • Non-CCPC’s: 30-60% reduction in ITCs • Impact on claimants will be highly variable depending on mix of corporate expenditures • Macro impact of 2012 Budget is proving hard to predict for non-insiders. • Estimates of reductions in SR&ED spending range from $500M-$1.3B SR&ED Simplification Efforts • Mixed feedback on efforts to simplify the program • New capital rules and reduction in proxy may increase complications • Policy Review Project has finished: reduced relevant papers from 70+ to 24 • Commitment to study SR&ED consultancy fees. 7 The Policy Review Project Overview • Purpose was to simplify, consolidate and harmonize the publications used to administer the program • Intention was not to write new policy • Completed with final policy papers released on Dec 19, 2012 • Admirable simplification of the program • Overall project has been professionally and well executed David Brin 8 The Policy Review Project – Technical Impact The Eligibility of Work for SR&ED Investment Tax Credits Policy 1. Was there a scientific or a technological uncertainty—an uncertainty that could not be removed by standard practice? (Tech Uncertainty) 2. Did the effort involve formulating hypotheses specifically aimed at reducing or eliminating that uncertainty? (Tech Content) 3. Was the adopted procedure consistent with the total discipline of the scientific method, including formulating, testing, and modifying the hypotheses? (Tech Content) 4. Did the process result in a scientific or a technological advancement? (Tech Advancement) 5. Was a record of the hypotheses tested and the results kept as the work progressed? (Tech Content) 9 Comments on the New Policy Papers Concerns About Rising Eligibility Standards • Concern within the SR&ED community about raising the scientific standards for technical eligibility. • Concerns that the requirements for formal documentation are being increased; • Several of the new papers strongly emphasize documentation (both scientific and financial). Legal Status • The papers came into effect immediately because they are supposedly not new policy • The 5 Questions eligibility test is derived from the Northwest Hydraulics Consultants case (Bowman, May 1, 1998) • Policy papers do not carry the force of law although they are very significant. 10 Federal Budget 2013 More Resources for the CRA • $5 million over two years in additional funding to the CRA to improve outreach, especially to first time claimants • $15 million over two years to provide additional CRA audit resources where the risk of non-compliance and ineligibility is perceived to be high Mandatory Disclosure of SR&ED Preparers and Fees • Requirement for complete and accurate disclosure of who participated in the SR&ED preparations and their fees. • Introduction of a $1,000 per claim penalty for failure to meet the disclosure requirements • Effective the later of date of date of Royal Assent or Jan 1, 2014 11 Other Federal Direct Innovation Funding 2012 (highlights): • Increases in direct funding (eg +$110 million/year to IRAP) • Federal procurement programs used as incentive tools • Re-alignment of Federally supported institutions towards industry-relevant research 2013 • $37 million per year in additional funding to support Industry/Post-Secondary research NSERC, CIHR, SSHRC etc. • $20 million over three years to help SMEs access R&D and business development services at universities, colleges and non-profits. • $325 million over eight years to Sustainable Development Technology Canada (SDTC) to support new clean technology development. 12 Details on Venture Capital Access Programs Details released on the $500 million in VC funding promised in 2012 • The $100 million in BDC funding to be awarded to business accelerator programs and co-investments into companies graduating from accelerators. • The $400 million in general VC funding to be disbursed through the Venture Capital Action Plan announced in January 2013. New VC Funding in Budget 2013 • $60 million in new funding over five years to high-potential incubator and accelerator organizations to expand their services • $18 million in funding over two years to support youth entrepreneurship 13 Update on Provincial SR&ED Programs Alberta • 2012: Budget passed and undid the double-grind • 2013: Budget no changes • Current legislation maintains the proxy allowance at 65%; this is under review. British Columbia • 2012 & 2013: no changes • Current program scheduled to expire August 31, 2014 but is anticipated to be renewed. Saskatchewan 2012: • Excluded non-CCPCs from refundability • Cap CCPC refundability to an annual max of $450k benefit (after that ITCs become non-refundable) 2013: no change 14 SR&ED Overview and Weather Report Summary of Changes – Consistent Themes • Legislative reductions in SR&ED expenditures • Policy Review with potential for increased eligibility requirements • Increasing CRA resources for audit Forecast for the Future 2013 • 2012 and 2013 are consistent with the themes of reducing SR&ED expenditures and increasing compliance • SR&ED claimants will see CRA more often and with an enthusiasm for compliance • Speculation: there will not be major modifications until the current changes have run their course 15 Questions To ask a question please: • Go to the Q&A pane, choose who you want to ask, and then type your question in the window. • Presenters will endeavour to address questions with the widest appeal to the general audience on a priority basis. A copy of this presentation will be available after this event at http://tsgi.ca/resources/sred-presentations Disclaimer This presentation has been prepared for the Institute of Chartered Accountants of Alberta (ICAA) for the benefit of its members by TSGI-Chartered Accountants (operating through TSGI Professional Corporation). Reasonable efforts have been made to ensure the accuracy of the information presented here but attendees are cautioned to exercise due diligence before proceeding with tax decisions. Statements of opinion made during this presentation are those of the presenters and do not represent the position of the ICAA. 16