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What’s next with
SR&ED?

October 9, 2013
David W. Regan, Partner-In-Charge
Learning Objectives

At the end of this session you will understand:
•  the SR&ED and other tax incentive programs available; and
•  the 2012 and 2013 budget changes to SR&ED.

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

1
Agenda

SR&ED Tax Credit
2012 and 2013 Federal Budget Changes
Business Research Institute Tax Credit
Interactive Digital Media Credits
Issues with Other Incentives
The Funding Portal – Accessing 4,064 Other Government Incentives

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

2
SR&ED Tax Credits
•  Scientific Research & Experimental Development (SR&ED)
•  Benefits for small and medium sized Ontario CCPC businesses are refundable credits
of 45% (62% refundable including overhead + 6% non-refundable ORDTC)
•  For large Ontario companies – 24%, which equals 39% including overhead (starting
in 2014 the total credit equals 20%, which equals 29% including overhead)
  Additional provincial credits:
■  British Columbia

10%

■  Alberta

10%

■  Saskatchewan

15%

■  Manitoba

20%

■  Quebec

37.5%

■  New Brunswick, Nova Scotia, Newfoundland 15%

•  Eligibility is still an issue
•  Administration is improving significantly as is cash flow
© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

3
2012 and 2013 Federal Budget – “more direct support”
•  $1.3 billion redirected from Flagship SR&ED program, mainly to direct support
programs, over the next 5 years

•  $1.1B for direct R&D support for various new or existing programs such as:
‒  $110M increase to IRAP in each of the next 5 years

‒  $67M National Research Council

‒  $500M for venture capital initiatives

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

4
2012 and 2013 Federal Budget – 26% less benefits
•  Reduction of general tax credit rate:
‒  The general SR&ED investment tax credit rate will be reduced from 20% to 15%;
‒  Effective January 1, 2014;
‒  Rate unchanged for CCPC’s eligible for 35% refundable ITC rate.
•  Capital expenditures:
‒  Remove capital expenditures and lease payments from the base of eligible expenditures for
expenditures incurred in 2014 and subsequent years. All other expenditures such as salary
and wages, materials, overhead expenses and contract payments remain eligible.
•  Proxy Overhead Calculation
‒  Reduce the prescribed proxy amount from 65% to 60% (2013) to 55% (2014) of direct
labour costs.
•  Arm’s Length and Third Party Contract Payments
‒  Only 80% of the contract and third party payments to be used for purposes of calculating
the SR&ED tax credits effective January 1, 2013.

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

5
CRA Policy – New Eligibility Questions
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?

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

6
Business Research Institute Tax Credit (OBRITC)
•  Often overlooked
•  20% additional refundable tax credit for expenses incurred in Ontario under
contract with an eligible research institute (ERI)
̵  Universities, colleges, hospitals, Ontario Centres of Excellence

•  Capped at $20M annually in expenditures

•  Is stackable with SR&ED tax credit

•  For companies not in taxable situation, OBRITC is refundable

•  Most other provinces have extra incentives for research with Universities

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

7
Digital Media Tax Credit (OIDMTC)

•  Ontario Interactive Digital Media Tax Credit (“OIDMTC”)
̵ 

Refundable credit to promote development of digital media industry

̵ 

Includes products designed to educate, inform or entertain end-users using at least two
of text, sound or images

̵ 

Digital products must not be used primarily to present, promote or sell the products or
services of the corporation

̵ 

Up to $100k in marketing costs can be included per product
Examples of eligible Digital Media Products:
̵  Interactive Web sites
̵  E-learning and educational products
̵  Simulation applications with high user interactivity
̵  Video games, cell phone games, PDA software

BC, Quebec, Maritimes have similar credits
© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

8
Issues with Other Incentives
•  SDTC, IRAP, others often structure their funding as forgivable loans:
̵ 

Can reduce SR&ED Credits

̵ 

Timing problems

̵ 

Uncertainty in financial statement

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

9
The Funding Portal - Accessing 4,064 Other Government Incentives
•  The Funding Portal will search and access the most relevant (of approximately 4,067)
government funding programs and helps streamline the application process.

•  With the government moving to provide more direct funding through grants, KPMG's new
relationship with The Funding Portal may help clients secure government funding.

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

10
The Funding Portal

© 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL.

11
Contact Us
David W. Regan
Partner-In-Charge
R&D Tax Incentives Practice
(416) 549 7809
dregan@kpmg.ca

© 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with
KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Printed in Canada.
KPMG CONFIDENTIAL
The information contained herein is of a general nature and is
not intended to address the circumstances of any particular
individual or entity. Although we endeavor to provide accurate
and timely information, there can be no guarantee that such
information is accurate as of the date it is received or that it will
continue to be accurate in the future. No one should act on
such information without appropriate professional advice after
a thorough examination of the particular situation.
© 2013 KPMG LLP, a Canadian limited liability partnership and
a member firm of the KPMG network of independent member
firms affiliated with KPMG International Cooperative (“KPMG
International”), a Swiss entity. All rights reserved.
The KPMG name, logo and “cutting through complexity” are
registered trademarks or trademarks of KPMG International.

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SR&ED Changes

  • 1. What’s next with SR&ED? October 9, 2013 David W. Regan, Partner-In-Charge
  • 2. Learning Objectives At the end of this session you will understand: •  the SR&ED and other tax incentive programs available; and •  the 2012 and 2013 budget changes to SR&ED. © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 1
  • 3. Agenda SR&ED Tax Credit 2012 and 2013 Federal Budget Changes Business Research Institute Tax Credit Interactive Digital Media Credits Issues with Other Incentives The Funding Portal – Accessing 4,064 Other Government Incentives © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 2
  • 4. SR&ED Tax Credits •  Scientific Research & Experimental Development (SR&ED) •  Benefits for small and medium sized Ontario CCPC businesses are refundable credits of 45% (62% refundable including overhead + 6% non-refundable ORDTC) •  For large Ontario companies – 24%, which equals 39% including overhead (starting in 2014 the total credit equals 20%, which equals 29% including overhead)   Additional provincial credits: ■  British Columbia 10% ■  Alberta 10% ■  Saskatchewan 15% ■  Manitoba 20% ■  Quebec 37.5% ■  New Brunswick, Nova Scotia, Newfoundland 15% •  Eligibility is still an issue •  Administration is improving significantly as is cash flow © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 3
  • 5. 2012 and 2013 Federal Budget – “more direct support” •  $1.3 billion redirected from Flagship SR&ED program, mainly to direct support programs, over the next 5 years •  $1.1B for direct R&D support for various new or existing programs such as: ‒  $110M increase to IRAP in each of the next 5 years ‒  $67M National Research Council ‒  $500M for venture capital initiatives © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 4
  • 6. 2012 and 2013 Federal Budget – 26% less benefits •  Reduction of general tax credit rate: ‒  The general SR&ED investment tax credit rate will be reduced from 20% to 15%; ‒  Effective January 1, 2014; ‒  Rate unchanged for CCPC’s eligible for 35% refundable ITC rate. •  Capital expenditures: ‒  Remove capital expenditures and lease payments from the base of eligible expenditures for expenditures incurred in 2014 and subsequent years. All other expenditures such as salary and wages, materials, overhead expenses and contract payments remain eligible. •  Proxy Overhead Calculation ‒  Reduce the prescribed proxy amount from 65% to 60% (2013) to 55% (2014) of direct labour costs. •  Arm’s Length and Third Party Contract Payments ‒  Only 80% of the contract and third party payments to be used for purposes of calculating the SR&ED tax credits effective January 1, 2013. © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 5
  • 7. CRA Policy – New Eligibility Questions 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? © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 6
  • 8. Business Research Institute Tax Credit (OBRITC) •  Often overlooked •  20% additional refundable tax credit for expenses incurred in Ontario under contract with an eligible research institute (ERI) ̵  Universities, colleges, hospitals, Ontario Centres of Excellence •  Capped at $20M annually in expenditures •  Is stackable with SR&ED tax credit •  For companies not in taxable situation, OBRITC is refundable •  Most other provinces have extra incentives for research with Universities © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 7
  • 9. Digital Media Tax Credit (OIDMTC) •  Ontario Interactive Digital Media Tax Credit (“OIDMTC”) ̵  Refundable credit to promote development of digital media industry ̵  Includes products designed to educate, inform or entertain end-users using at least two of text, sound or images ̵  Digital products must not be used primarily to present, promote or sell the products or services of the corporation ̵  Up to $100k in marketing costs can be included per product Examples of eligible Digital Media Products: ̵  Interactive Web sites ̵  E-learning and educational products ̵  Simulation applications with high user interactivity ̵  Video games, cell phone games, PDA software BC, Quebec, Maritimes have similar credits © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 8
  • 10. Issues with Other Incentives •  SDTC, IRAP, others often structure their funding as forgivable loans: ̵  Can reduce SR&ED Credits ̵  Timing problems ̵  Uncertainty in financial statement © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 9
  • 11. The Funding Portal - Accessing 4,064 Other Government Incentives •  The Funding Portal will search and access the most relevant (of approximately 4,067) government funding programs and helps streamline the application process. •  With the government moving to provide more direct funding through grants, KPMG's new relationship with The Funding Portal may help clients secure government funding. © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 10
  • 12. The Funding Portal © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG CONFIDENTIAL. 11
  • 13. Contact Us David W. Regan Partner-In-Charge R&D Tax Incentives Practice (416) 549 7809 dregan@kpmg.ca © 2011 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Printed in Canada.
  • 14. KPMG CONFIDENTIAL The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. © 2013 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. The KPMG name, logo and “cutting through complexity” are registered trademarks or trademarks of KPMG International.