EDC’s Export Guarantee Program

The Scientific Research and Experimental Development (SR&ED) provides reimbursement, in the form of tax credits, for eligible research and development expenditures.  However, if your tax credits are refundable, it can take 1-2 years before the actual refund is received.

There are many ways to obtain SR&ED financing in order to increase your working capital. Financial institutes often work with EDC (Export Development Canada) to offer attractive SR&ED financing solutions. EDC’s Export Guarantee Program provides Canadian companies with export-related activities or foreign  with guarantees on their SR&ED claims. This export guarantee coverage is typically 75% of the amount of the loan that the financial institute will provide.

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Changes to SR&ED Program and Their Impact on the Clean Technology Industry

As quoted in the Financial Post, a recent post in Renewable Energy World draws attention to the possibility that the reduction of general ITC for large corporations, and the elimination of capital from the eligible SR&ED expenditures, could have a negative impact on the clean technology industry. Clean tech companies are predominantly large corporations with capital-intensive expenditures.

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Federal Party Positions on the SR&ED Program

From Sreducation, to follow is a summary of the party positions on SR&ED from each of the 3 federal parties.

Liberal Party

According to Ted Hsu (Liberal Critic for Science and Technology), there are too many illegitimate SR&ED claims.  He believes that the SR&ED program should not be “narrowed,” but instead reformed to crack down on illegitimate claims:

  • Companies should notify the CRA within 3 months of project commencement that activities will lead to a SR&ED application.
  • The time it takes to file SR&ED should be shortened. The 18 months a company has to apply should be shortened to 6 months.

Conservative Party

The Conservative party favours lower taxes and smaller government. They left the SR&ED program largely intact for SMEs in the 2012 federal budget, but made 4 key changes:

  1. Removal of capital from the expenditure base (for capital expenditures incurred in 2014)
  2. Reduction of the proxy to calculate overhead costs from 65 percent to 60 percent for 2013 and to 55 percent after 2013 (to be fully phased in as of January 1, 2014)
  3. Reduction of contract payment eligibility to 80 percent of the payment (effective January 1, 2013)
  4. Reduction in the General Investment Tax Credit rate from 20 percent to 15 percent (effective January 1, 2014). This will not affect organizations that qualify for the enhanced rate of 35 percent.

As per the recommendations from the Jenkins Report, the Conservatives moved the savings from the SR&ED cutbacks into direct funding models, specifically providing new funds to the National Research Council’s IRAP program.

New Democratic Party

The NDP have criticized the Harper government for failing to lead on research and development funding, and have called for a national innovation strategy to create high-paying Canadian jobs.  According to Helene LeBlanc, the NDP critic for Science and Technology, the Conservative government’s 2012 budget drew a timid course to close Canada’s long-standing innovation gap that will likely leave us lagging behind in the knowledge economy. She suggests that Canada needs to accelerate towards an innovation strategy that strikes a better balance between direct and indirect funding.

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Professional SR&ED Practitioners Association

One of the issues with the Scientific Research and Experimental Development (SR&ED) program is the fact that there is no existing regulation within the SR&ED consultation field. As reported in the Globe and Mail, this has allowed “consulting firms” to make questionable claims on behalf of their clients, which has saddled the CRA with bogus and fraudulent claims which cannot all be audited.

For example, a sales training document obtained by the Globe and Mail from the now-defunct Tripol Management Services, urged its consultants to embellish claims by lifting technical jargon from the Internet for “scientific flavour,” changing employee titles to make them sound more technical and playing with percentages to make them “look more convincing to reviewers.”

According to CRA spokesman Philippe Brideau, “it is important to note that the vast majority of claims are compliant with filing requirements.”

However, without proper checks and balances, how can the few “bad apples” be deterred from repeat offences?

The concept of a certification for SR&ED professionals has been proposed, and currently appears on the Wikipedia article for SR&ED. Regulation in the SR&ED consultation profession would legitimize the program, and create a level playing field for all consultants. The threat of discipline of offenders would be paramount to deterring consultants from filing poor-quality claims.

The biggest question is: will this regulating body be created from within the SR&ED consultation profession (i.e. self-regulation), or will it be mandated and legislated by government?

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SR&ED Versus NRC-IRAP

The 2011 Jenkins Report suggested that federal funding be rebalanced to support more direct forms of funding (like the National Research Council’s Industrial Research Assistance Program, or NRC-IRAP), rather than indirect forms of funding (like the Scientific Research and Experimental Development program, or SR&ED). The 2012 federal budget responded to this recommendation by allocating an additional $110 million to IRAP from the reductions made to the SR&ED program.

These changes worry organizations like the Canadian Federation of Independent Business (CFIB). Companies are concerned that IRAP creates an unlevel playing field by allowing government to choose which companies get funding, and which do not get funding. According to Corinne Pohlmann, CFIB’s vice-president of national affairs, “the government chooses the winners, rather than having all the businesses investing in innovation benefit.”

According to the Ottawa Business Journal, to combat the perception that it will be favouring some firms over others, NRC plans on using the additional funding to allocate smaller amounts to more companies, rather than larger amounts to bigger ones.

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