CRA Presents SR&ED Software Project Example

During the SR&ED External Stakeholder’s event on November 1, 2012 in Mississauga, the CRA presented an example to stakeholders entitled “New web techniques for animation & quasi-real time interactivity in browsers.”  The CRA ended the session by clarifying that the example was meant to stimulate conversation, and was not in itself an example of work that was eligible for SR&ED.  As per the CRA commentary, the project that was presented, and is detailed below, lacked in detail to determine actual SR&ED eligibility.

Title: New web techniques for animation & quasi-real time interactivity in browsers

Technological context

The evolution of tools, platforms, operating systems, and programming languages continues to accelerate.  From an approach that was originally at a very low level (machine language, assembler, etc.) and that allowed complete control of processing resources (often at the expense of complexity), we now see the creation of new, very high-level tools (in terms of functional integration).  And yet, despite the fact that users have increasing access to highly sophisticated development tools to simplify their work, it must be noted that very often these tools are so specialized that they sometimes fall short with regard to the every growing needs of the users.  Development work can thus become more complex, at different levels (system, module, components, etc.) rather than simplified.

Background

The WOW company designs and implements interactive game Web applications that are meant to offer users very high-quality animation and interactivity, almost equivalent to those of video games.  The development of these applications is a significant challenge, given the multiple constraints associated with the Internet.  For example:

  • Bandwidth, which varies greatly depending on each users’ network capacity
  • Transmission delays (latency), the limiting characteristics of communication
  • Peak-load levels that can be much higher than average; and the random nature of user interactivity.

Work undertaken

In the context of developing these applications, to resolve the technical problems above, the company undertook several tasks.

It is attempting to select and optimize its development environment to be as efficient as possible in the pursuit of its objectives (i.e. achieving the desired software functionality and minimizing the resources required).

It is making use of a number of existing, recent technologies (some of which are still in the embryonic stages) to help in the achievement of its fluid animation and the interactivity objectives (Web Services, Flash, Flex, AJAX, and various scripting languages, etc.)

It is investigating all types of software/modules, whether they are Open Source (Open Source Software or OSS) or commercial (third party software), with the goal of integrating as many existing components as possible – components it will not have to develop – to improve the performance of its applications.

Discussion Questions

  • At what level can technological advancement be achieved (in terms of programming level and/or reuse/modification of modules, etc.)?
  • Will the Open Source nature of some software/modules/components affect eligibility?
  • Will the fact that it is attempting to combine software components, whether they are Open Source (OSS) or commercial, affect SR&ED eligibility?
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Spending on Industrial Research and Development Increased in 2012

Statistics Canada has released a report detailing the recovery of industrial research and development spending in 2012.  Businesses in Canada spent $15.5 billion on industrial R&D in 2012, advancing slightly (0.9%) from 2011. However, industrial R&D spending remains below its most recent peak of $16.8 billion attained in 2007.

The recovery of industrial R&D spending after 3 years of decline was driven by growth in the manufacturing sector, which was up by $228 million (or 3.1%) to $7.6 billion from 2012 levels.  Respondents indicated that 61% of total industrial R&D spending will be concentrated in the wages and salaries for R&D personnel, a level last seen in 2006 (60%).

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Year-End Planning Tips for SR&ED Claims

The 2012 federal budget proposed several changes to the SR&ED program, some of which will come into effect in 2013.  Ryan Mackiewich from MNP has some year-end tips to plan for SR&ED in the upcoming year.

  1. Pay wages for work performed instead of bonuses.  Wages generate proxy, whereas year-end profit bonuses generally do not qualify for SR&ED.
  2. Ensure 2012 wages are paid before the end of the year.  The proxy amount drops from 65% to 60% on January 1, 2013.
  3. Consider front-loading contractor workloads to be completed before December 31, 2012, as contractor inclusion for SR&ED drops from 100% to 80% on January 1, 2013.
  4. Plan for capital purchases, because they will no longer be eligible for SR&ED in 2013.
  5. Ensure complete documentation of all SR&ED activities.
  6. Manage taxable income to maximize refundable SR&ED tax credits.
  7. Accelerate planned projects, because the tax credit rate for large corporations, public corporations, and foreign-owned corporations drops from 20% to 15%, effective January 1, 2014.
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New SR&ED Policies by CRA

The Canada Revenue Agency (CRA) was tasked with improving the administration of the SR&ED program by the Government of Canada.  The CRA has recently released a new policy and procedures document as of December 19, 2012, which will come into effect immediately.

As per the policy document, the CRA has based its approach on the eligibility of work for SR&ED ITCs on five questions. This approach, established by the courts, essentially supplements how the three criteria (scientific or technological advancement, scientific and technical content, and scientific or technological uncertainty) are applied by providing a logical order for assessing them.  The 5 questions to assess SR&ED eligibility are as follows:

  1. Was there a scientific or a technological uncertainty—an uncertainty that could not be removed by standard practice?
  2. Did the effort involve formulating hypotheses specifically aimed at reducing or eliminating that uncertainty?
  3. Was the adopted procedure consistent with the total discipline of the scientific method, including formulating, testing, and modifying the hypotheses?
  4. Did the process result in a scientific or a technological advancement?
  5. Was a record of the hypotheses tested and the results kept as the work progressed?
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Managing Tax Expenditures and Government Program Spending

John Lester, a research fellow with the School of Public Policy at the University of Calgary, published a research paper with suggestions on how to improve the transparency and accountability of tax-based spending programs.   At the moment, the government is providing approximately $26 billion in tax incentives, split roughly 40-60 between businesses and individuals.

Lester presents 3 proposals to better improve the visibility and scrutiny of tax-based spending programs:

1. Shift responsibility for existing tax-based spending programs from the Department of Finance to the relevant spending department.  For example, shift SR&ED from the Department of Finance to Industry Canada, whose portfolio already includes most spending programs that provide support for business R&D.

2. Modify reports to Parliament to provide a clearer picture of both tax-based spending  and direct spending (i.e. grants).  Include all tax-based spending programs in the government’s overall expenditure plan and spending estimates tabled in Parliament.

3. Include tax-based spending program expenditures in the government’s evaluation policy and in Strategic Reviews, which currently only look at direct spending.

Lester points out that there would be challenges in the implementation of such an integrated system, because the Minister of Finance would be forced to give up some authority.

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