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SR&ED

What is SR&ED

SR&ED is the scientific research and experimental development tax incentive program. This is a generous grant-like financing program funded jointly by the federal and provincial governments. The purpose of SR&ED is to encourage advancement of technology in Canada. SR&ED helps to greatly offset the financial risk of exploring technological innovation where a solution may or may not be possible and the timeline is unknown.

Technology and Advancement in SR&ED Context

Both "technology" and "advancement of technology" are broad terms in the SR&ED context. For example, pensil and paper are both technologies and while largely replaced, they are still used. It is conceivable that both could be advanced, or the technology to manufacture them. Of course computers, hand held devices, software, AI and other obvious "high tech" is the subject of many SR&ED claims. Manufacturing, metal forming, tool development, even new ways to carefully manage the temperature of containers-full of food uniformly and within tight tolerances could involve SR&ED.

When it comes to SR&ED, "advancement of technology" simply means closing the gap between what the technology is capable of and what you require of it in order to use it or work with it.


Examples of Technological Advancement

For example, the technology to make wooden pencils exists, as does the technology to make wooden furniture out of particle board. But it may take an advancement, however small, to make pencils out of particle board that is stiff enough to be practical and which can be sharpened without gumming up traditional pencil sharpeners.

An advancement may be required to enable inexpensive smartphones to run an app where to make it practical, a performance improvement of just 1% is required. Assuming the app is already highly optimized and efficient, it may be extremely difficult and time-consuming to find a way to gain the extra 1% even though the improvement is small.

Of course, discovering a new element or developing a new type of computing platform is also SR&ED but most SR&ED claims are much less groundbreaking and yet just as qualified.

Methodical Approach in SR&ED

While "advancing technology" is a necessary element to qualify a claim as SR&ED, just as necessary is demonstrating a methodical approach in the attempt to advance the technology. Put another way, trying random approaches with no understanding of the results is not considered SR&ED. On the other hand, there is no need to anticipate the outcome, indeed, if this was possible, there would be no technological uncertainty and therefore no SR&ED. The failure of a specific approach highly indicates SR&ED and the decision to abandon a project because it is considered impossible, impractical or too resource-intensive are also indicative of SR&ED.

While some SR&ED-eligible experiments are planned, many are not and often the companies claiming legitimate SR&ED have difficulty expressing the technological uncertainty and explaining the methodical approach.

Eligibility and Rates

Any Canadian corporation is eligible for SR&ED although the ownership structure determines the rate used to calculate the claim size: Canadian-controlled private corporations get the enhanced rate of 35%, and other corporations get a 15% rate.

A variety of factors indicate whether the refund is refundable (cash) or used to offset taxes owed (non-refundable). For example, foreign-owned corporations earn a 15% non-refundable rate.

Eligible and Excluded Activities

Eligible SR&ED activities include engineering, design, operations research, mathematical analysis, computer programming, data collection necessary for SR&ED and testing. Specifically excluded activities include market research, quality control, social sciences and humanities, prospecting for natural resources commercial production, style changes and routine data collection.

Developing or improving technologies to perform these excluded activities on the other hand could certainly be SR&ED. SR&ED could apply to a product your corporation sells, manufacturing methods, or any other internal project that requires an advancement in technology. There is no requirement that the corporation makes a profit as a result of the SR&ED work, or even that it uses the results.

Potential Areas for SR&ED Activities

While the following are not in and of themselves SR&ED, there may be areas to look for associated SR&ED activities: a new application of existing technology, capital spends, budget overruns, developing or improving products and processes, technical issues, consulting studies, cost reduction strategies, environmental or regulatory compliance, integration of new technologies with existing technologies or infrastructure. A brief example: capital expenditures cannot be claimed as SR&ED however buying new equipment could lead to integration challenges which can only be solved with SR&ED like activities. We need to look further to see if SR&ED criteria apply.

Examples of SR&ED Work

An open-source security library seems perfect for a public-facing portal under development even though it is written in a different language from the portal, but when integrated, memory usage spikes and latency is beyond acceptable limits. Investigating the cause and attempting various approaches to resolve the incompatibility issues could be SR&ED.

Experimenting with ultrasonic maceration, known to be effective at low-temperature separation of seed coats from flour with some seed varieties, to a specific solvent extraction and oilseed combination that has not yet been tried and when applied to your process, does not work as expected.

Pumps designed for corrosive material corrode after 6 months rather than the expected 10 years. Replacing the seal with an alternative, more highly specified material (standard engineering, non-SR&ED approach) fails. An investigation that discovers elevated shaft temperatures and possible methods to reduce the shaft temperature to avoid seal deterioration where obvious approaches fail, are inappropriate or cannot be applied in the traditional way would constitute SR&ED.

A catalyst is required for a specific process but it is expensive and no suitable alternative is known. Attempts to reduce costs by using less catalyst for the same results could be SR&ED.

Combining two processes into a single mechanical frame involves tipping one of the machines at an angle where as it is meant to operate on the level. The results are poor. Finding the source of the poor results and attempting to correct them could be SR&ED.

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Benefits

Benefits of SR&ED

In Canada, SR&ED is the most generous and easily attained government assistance available. It requires that your business spends money on R&D, then apply for a rebate from the government for the qualified expenditures. As long as the expenditures meet the requirements of the SR&ED program from both a technical and financial standpoint, the government will send you a cheque, usually fairly quickly.

This effectively reduces the cost of taking a technological risk, in other words, if you are trying something new that might not work, you are not on the hook for the full amount. This helps finance a “moat” for your business, leaving your competitors technologically behind.

How SR&ED Can Help Your Business

The SR&ED program might help fund your corporation to catch up with your competition's capabilities if the underlying technology is not in the public domain, protected in some way or not applicable to your corporation's circumstances. It may help you attract research investment from outside of Canada, offsetting the higher cost of labour with SR&ED.

It may make it easier for you to accept challenging work from your clients with a high risk of cost overruns and it may pave the way to expand your product performance or production capabilities with less concerns for the financial impact of an uncertain technological development path. Examples of business pursuits that can benefit from advancing your technology include:

Things

Things to Watch Out For

We have seen our clients and competitors make certain types of mistakes. For example, if the project description explaining the SR&ED claim eligibility is poorly written or misses the point, CRA is more likely to audit and less likely to accept the claim. Sometimes the SR&ED is eligible but the report does not discuss the work with an understanding of the SR&ED program, so it does not describe eligible activities.

Too much description of one activity at the expense of another may give a poor picture of the work and make the expenditure look too high for the extent of the work. Wasting the word count on irrelevant details leaves less room to explain eligible activities.
Even some SR&ED consultants sometimes fail to explain why the problem cannot be solved with conventional technology, or fail to explain the nature of the experimentation. It is challenging to avoid these mistakes within the word count which is one reason an experienced SR&ED consultant is valuable.
On the flip side, clients often leave money on the table because they do not realize that some of their activities are in fact qualified SR&ED activities, they keep poor records so forget to claim some of the work, or they do not understand the significance of support work.
The financial side of an SR&ED claim follows the technical side since the technical preparation is used to cost the SR&ED claim. There are many financial rules and unfortunately rules as published by CRA use obtuse and impenetrable language. Even trained accountants sometimes struggle to understand the nuances. While there is a legal description of SR&ED, in practice CRA chooses nuanced interpretations of the law and understanding this practice is crucial to filing a SR&ED claim with a high chance of success.

Clinic Expertise

SR&ED Clinic Expertise

The SR&ED consultants at SR&ED Clinic have years of experience successfully preparing SR&ED claims for a wide cross-section of clients in a wide range of industries. Based on experience as SR&ED consultants for other SR&ED consulting firms with a different philosophy regarding client service and audit risk, our consultants have been exposed to a large number of audited claims so we know what CRA likes in a claim and what they don’t.

We also know how to prepare for a successful audit. We use our experience to position the SR&ED claim in its best light, describing the merits of the claim’s qualification, thereby yielding an exceptional SR&ED filing success track record.

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