Maximizing Innovation Funding for Technology Development. MNP SR&ED Team. Presented by: Date:

Transcription

1 Maximizing Innovation Funding for Technology Development Presented by: Date: MNP SR&ED Team February 27, 2018

2 Technological Innovation Strategy Innovation is incremental to technology advancement but it is risky and expensive to undertake a R&D project In general, innovation covers the following steps: 1) Basic Research academic related research 2) Applied Research research for specific market needs 3) Development design, prototype dev., process improvements, scaling the design, material considerations etc. 4) Manufacturing process efficiencies, automation 5) Marketing market research, business dev. 6) Continuous Improvement optimization of commercial projects 2

3 Technological Innovation Strategy Is it possible to build a technological innovation strategy which can mitigate or ease the financial risk required? Yes! With knowledge, careful planning and organization. 3

4 Funding Innovation Direct v. Indirect Two general classes of innovation funding are accessible: Direct application for specified funding for specific project use (i.e. Alberta Innovates, NRC-IRAP, numerous others) Indirect recovery of a portion of money spent on R&D (Scientific Research & Experimental Development tax incentives) Can you capture and maximize both forms of funding for technology development? - Yes 4

5 SR&ED Program What is it Scientific Research and Experimental Development (SR&ED) The SR&ED program is a government funded program It fosters corporate R&D and economic development in Canada It provides generous financial incentives to offset the risks inherent in R&D 23,000 claims per year being filed by taxpayers generating approximately $3 billion in tax credits 5

6 SR&ED What is it? 3 major criteria are required within an acceptable SR&ED project: Technological Uncertainty Technological Advancement Technical Content Criteria are equally weighted and all need to satisfied by the work performed for the project to be deemed as SR&ED. 6

7 SR&ED What is it? To supplement the 3 major criteria, CRA uses 5 specific questions to assess SR&ED eligibility: Was there a scientific or a technological uncertainty that could not be removed by standard practice/engineering? Did the effort involve formulating a hypothesis specifically aimed at reducing or eliminating the uncertainty? Was the adopted procedure consistent with the total discipline of the scientific method, including formulating, testing, and modifying the hypothesis? Did the process result in a scientific or technological advancement? Was a record of the hypothesis tested and results kept as the work progressed? 7

8 Symptoms of SR&ED - Chemical pilot plant development (i.e. bio-fuels, O&G, plastics, polymers, pharmaceuticals etc.) - Engineering simulations, modeling, algorithm development - Work to achieve new environmental standards (i.e. reduced emissions, greater insulation, energy efficiency etc.) - Software for remote accessibility, data management of large datasets, management of complex sites or processes - GIS mapping related activities or other analytical exercises - Downhole O&G tool development - Expenditures classified as R&D on financial statements - Medical research, biotech/pharma, and clinical trials - Veterinary medicine - Food & Drink manufacturers **New or improved products or processes in nearly ANY industry** 8

9 SR&ED - Eligible Costs Labour Overhead Capital Assets Materials Contracts Leases Costs and activities need to occur in Canada (up to 10% of labour is allowed to be outside of Canada) Preferential treatment of labour when using proxy method for overhead (able to claim 155% of labour) Only 80% of outsourced contract costs are eligible. Costs for capital items, leased equipment, or property are no longer eligible (as of December 31 st, 2014). 9

10 SR&ED - Example of ITC Benefits Description CCPC Small Large Company Labour $100,000 $100,000 Proxy $ 55,000 $ 55,000 Total $155,000 $155,000 Alberta SR&ED TC (10%) $ 15,500 15,500 Fed ITC (15% or 35%) $ 48,825 $ 20,925 Total Benefit $ 64,325 $ 36,425 Total Labour % Benefit 64% 36% Materials % Benefit 42% 24% Contractor % Benefit 33% 19% 10

11 Direct v. Indirect Funding - Revisited Description CCPC Small Labour $100,000 Proxy $ 55,000 Total $155,000 Government Asst. ($80,000) Net Expenditures $75,000 Alberta SR&ED TC (10%) $ 7,500 Fed ITC (35%) $ 23,625 Total Benefit $ 31,125 11

12 Direct v. Indirect Funding - Revisited Direct funding programs do grind down your ability to capture SR&ED but only by the amount which was applied to the SR&ED project There is sometimes an opportunity to use direct funding received for non-sr&ed activities, and thereby not be required to deduct it The key is documentation clearly outlining activities/ funding 12

13 Strategies to Maximize SR&ED Best practices & Common Pitfalls Technological perspective Clear, well defined technology baseline and technological uncertainties to advance beyond that baseline Effective illustration of systematic method Documentation, Documentation, Documentation! 13

14 Strategies to Maximize SR&ED Nobody has ever done this before Technical versus Technological Routine versus non-routine data collection Direct SR&ED versus in support of SR&ED 14

15 Strategies to Maximize SR&ED Best practices & Common Pitfalls Financial Perspective 15

16 Strategies to Maximize SR&ED Wages Bonuses Remuneration based on profits do not qualify for SR&ED. A bonus plan needs to be based on performance to be eligible. Any bonuses paid to shareholders owning 10% or more of the shares of a company do not qualify for SR&ED period. Start-ups Should be documenting, via shareholder or directors resolution, an intent to pay founders for their R&D efforts. This way the amounts paid can be claimed when they are paid. Can pay owners once per year but need to document why Need to track both R&D activities and non-r&d activities 16

17 Strategies to Maximize SR&ED Contracts Generally contract services for welding, machining, electrical, etc. are considered overhead. If properly documented these may be considered materials Many Tech companies prefer to contract programmers, developers, engineers, etc. vs. having them as employees. ITCs on wages is almost 2X the value of ITCs for contractors. Contracts for R&D should be reviewed with SR&ED in mind. Some challenges can arise Materials Rules are based on when a material is used, not purchased Capital type items can be considered a material 17

18 SR&ED in Collaborative Projects Contracts statement of work? Ownership and right to exploit IP Can two or more parties claim SR&ED on the same project? Work with universities and research institutes Work with out of country individuals and contractors Work with crown corporations 18

19 SR&ED and Intellectual Property Not all IP development leads to SR&ED IP is generally new or novel. SR&ED Requires an Advancement to a Science or Technology Who owns the IP is not as important as who gets to exploit it Protect your IP with agreements, patents, etc. Familiarize yourself with Patent law 19

20 Questions? 20

21 Your presenters Ryan P. Mackiewich, CPA CA, Partner Jeff Henderson, PhD, Senior Manager