General Motors Canada to Invest $850 million in Research and Development

GM Canada plans to invest $850 in R&D (through 2016) as part of its obligations under the 2009 bailout.  “The money represents exciting future implications with ripple effects that will be felt far and wide,” said Prime Minister Steven Harper.

The federal and Ontario governments invested a total of $10.5 billion in GM Canada in 2009, as the company struggled during the last recession.

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Federal Government Opens Consultations on Contingency Fees for SR&ED Program

Jim Flaherty, the Minister of Finance, and Gail Shea, the Minister of National Revenue, today opened consultations regarding the issue of contingency fees on the SR&ED program.

The consultations seek input from stakeholders to better understand:

• Why firms hire third-party tax preparers on a contingency-fee basis;
• Why these tax preparers charge contingency fees;
• The prevalence of this practice;
• The amounts charged; and
• The impacts of this practice on the effectiveness of the SR&ED tax incentive program.

Written submissions will be accepted in either official language and should be mailed to the address below by October 1, 2012:

SR&ED Consultations
Department of Finance
140 O’Connor Street
Ottawa, Ontario
K1A 0G5

Questions on the process may be addressed to:

SRED-Consultations-RSDE@fin.gc.ca
613-947-6563
Fax: 613-943-2486

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Chamber of Commerce Resolution- Restoring Balance in Sector Applicability of SR&ED

Recently, the Thunder Bay Chamber of Commerce and the Kamloops Chamber of Commerce have jointly released a proposed resolution that criticizes the federal government for changes that disadvantage capital-intensive companies, like those in manufacturing, pharma, and biotech.  The manufacturing sector has been particularly disadvantaged, due to the exclusion of capital expenditures, reduction in the general rate, and the reduction of the inclusion rate for contractor payments.  These changes have largely excluded pilot plants and resource-intensive industrial processes from SR&ED eligibility.

The resolution recommends that the federal government:

  1. Review the existing legislation to make sure that the changes do not favour labour intensive industries over capital intensive industries.
  2. Provide government-wide clarity when it comes to innovation. Responsibility should be assigned to a single minister, supported by government and stakeholders working with provincial and territorial governments.
  3. Eliminate traditional overhead calculation, and reintroduce recognition of capital and leased expenditures and the full value of expenditures eligible for SR&ED deduction and Investment Tax Credits, ultimately achieving the desired “revenue neutral” changes and removing the current bias against capital-intensive research and development.
  4. Monitor carefully the pilot pre-approval process.
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Chamber of Commerce Resolution- Improving the Accuracy and Timeliness of the SR&ED Program

A recent resolution proposed by the Windsor-Essex Regional Chamber of Commerce, and the Mississauga Board of Trade made recommendations that the federal government:

  1. Establish a “SR&ED Claim Certification Program” that CCPC’s can voluntarily apply to.
  2. Set up a specific department (from within existing structure) to work with CCPCs that are certified to the “SR&ED Claim Certification Program.”
  3. Set up a preferential and expedited claim and payment process for CCPCs that are certified to the “SR&ED Claim Certification Program,” allowing claims to be processed within a guaranteed first three months of CCPCs fiscal year.
  4. Establish an Administrative Monetary Penalty System that promotes compliance for CCPCs that are certified to the “SR&ED Claim Certification Program”.
  5. Ensure SR&ED eligibility and evaluation criteria for federal funding programs are clearly defined and specific to the intended recipient pool.
  6. Ensure all funding programs have clearly defined submission and evaluation protocols to provide for a fair and transparent evaluation process.
  7. Ensure all funding programs have pre-screening mechanisms to provide timely guidance to prospective applicants.
  8. Ensure that only necessary application support is requested of applicants and minimize on-going reporting requirements to reduce the administrative burden associated with the submission process.
  9. Ensure programs and funding are available to appropriately address the needs of existing Canadian business as well as those being pursued in identified strategic priority industries.
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The Covert War on SR&ED

According to Ian Bell, in recent months, a growing number of startups have reported abnormally aggressive audits by SR&ED reviewers that have resulted in substantial reductions in SR&ED claims. There seems to be an overall strategy to reduce the claims paid out by the CRA, which has been confirmed by the reductions to SR&ED in the 2012 federal budget, and the flood of new auditors being hired by the CRA on LinkedIn.

Canadian entrepreneurs, when compared to US entrepreneurs, face the added challenge of highly limited sources of early-stage financing. Many entrepreneurs are relying on IRAP grants to bootstrap the company for the first fiscal year, and then on the SR&ED return to finance fiscal year two. With a reduction in the SR&ED program, and more aggressive audits from the CRA, Bell opines that SR&ED is turning into a game of Russian Roulette for startup companies. If a startup is depending on the cashflow from its SR&ED return, the chances have increased that its head will be blown off.

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