Global R&D Tax Incentives

The Benchmark
2020

FURTHER TOGETHER
Introduction
Welcome to The Benchmark - Ayming’s global R&D consulting team has now made it possible to
easily compare key international R&D tax incentive schemes on a like-for-like basis in one simple
graphic, using two clear metrics: Generosity of the scheme and Ease of Application.

No two R&D tax regimes are exactly alike, and there is a multitude of legislation, interpretation
and policy to consider when drawing a comparison. Ayming’s various R&D consulting teams have
extensive knowledge of local R&D tax regimes, and using this experience we have made some
assumptions in order to deliver a meaningful and simple comparison.

As well as the main graphic, there are also individual country profiles which give an overview of each
of the schemes included in the The Benchmark.

Definitions
Generosity has been calculated as a percentage. This helps you understand the monetary value
of what your company would receive back from a comparable amount of identified qualifying
expenditure including the various calculations necessary to make a claim. This value may be different
to the tax credit percentage as it takes into consideration the complexities of each scheme and what
qualifies as R&D expenditure.

Ease of Application is represented as Easy, Medium, or Difficult. This ‘difficulty rating’ is calculated
relative to other international schemes, so an ‘Easy’ rating would mean ‘Easy for a professional with
experience in that country’. Ease of Application takes into consideration a whole host of factors,
including how difficult it is to make a claim, how easy is it to obtain the benefit, and if an enquiry
were to be opened, what it would entail.

2
Contents
The Benchmark 4

Country Profiles

Australia 5

Belgium 7

Canada 9

Czech Republic 11

France 13

Germany 15

Ireland 17

Italy 19

Poland 21

Portugal 23

Slovakia 25

South Africa 27

Spain 29

UK 31

USA 33

3
Global R&D Tax Incentives Ease of application

Easy

Medium
50
Difficult

40
Generosity %

30

20

10

USA
Italy
Slovakia

Czech Republic

South Africa

Australia LC

Belgium MLC
Poland

Australia SME

Belgium SE
Ireland

Germany
Portugal

Canada LC

France

UK SME
UK LC
Spain R&D
Spain Tech. Inno
Canada SMB

Benefits

Is foreign-owned
R&D eligible?

R&D must occur

in the country

Previous financial 3 1 1
1 1 1 or 4 18 18 1 4 2 2 1 1 1 5 0 1 1 3 or 4 or 4
years claimable

Is pre-approval
required?

Are other R&D

Incentives available?

Level of review or
enquiry expected?

High Medium Low

4
Australia
Australia offers a 43.5% refundable tax credit for Small and Medium Enterprises (SMEs), or a 34 -
42.5% non-refundable credit for large companies with over AU$20 million in turnover. Full technical
justifications must be submitted for each project claimed.

AusIndustry reviews activity eligibility, whereas the Australian Taxation Office processes the tax
credit through the Company Tax Return.
lia E
SM

LC
Au lia
ra

ra
st

st
Au

Is foreign-owned R&D eligible?

R&D must occur in the country

Australia SME Australia LC

1 1 Previous financial years claimable

Is pre-approval required? Generosity: 13% Generosity: 6%

Ease of Ease of
Are other R&D incentives available? Application Application

Level of review or enquiry expected?

5
 Australia Small and Medium Enterprises Australia Large Companies
(SME) (LC)

43.5% Tax Credit 34% – 42.5% Tax Credit

Benefit Australian Small and Medium Enterprises are Large Companies in Australia are eligible to claim a
Overview eligible to claim a 43.5% tax credit on eligible 34-42.5% tax credit on eligible R&D expenses. The
R&D expenses. If the company is loss making, the figure is dependent on eligible spend as a percentage of
incentive can be offered in cash. Cash refunds are total spend in year. This incentive is a non-refundable
capped at AU$4 million. tax credit, no matter the tax position of the claiming
company.

Eligible Australia uses a retrospective application scheme and applications must be lodged within 10 months of the end of
Claim Period the relevant fiscal year.

Tax credits may be carried forward, subject to meeting the standard tax offset carry-forward rules.

Application R&D activities are registered with AusIndustry by submitting an online Registration of R&D Activities
Process Application.

Full technical justification pertaining to the relevant R&D is required.

Once registered, a unique registration number is provided, which must be included in the R&D Tax Incentive
Schedule, lodged with the company tax return with the Australian Tax Office.

Companies must register activities for each income year they want to claim the offset.

Eligibility Eligible R&D activities are classified as either “Core” or “Supporting” activities. In order to register eligible
Requirements activities, you must have undertaken (or be intending to undertake) at least one Core R&D activity.

Core activities are experimental activities where outcomes cannot be known or determined in advance;
are determined using a systematic progression of experimental work; and are conducted for the purpose of
generating new knowledge.

Supporting activities may qualify if they are undertaken to directly support eligible Core R&D activities.

Eligible Eligible expenditure is incurred by the eligible company during the income year and can include:
Expenditure • Salaries, contracted work and other direct costs related to R&D
• Materials transformed or consumed during activities
• Decline in value of assets used in R&D activities
• Contributions to Cooperative Research Centres and Research Providers

Regulatory Body AusIndustry reviews activity eligibility, whereas the Australian Taxation Office processes the tax credit through
Practices the Company Tax Return

Appropriate contemporaneous documentation must be maintained to evidence the R&D activities and
expenditure incurred.

Expect a review of claim at least every 4 years. This is higher for larger value and target industries (software,
mining, construction), but an expectation exists here for high levels of contemporaneous documentation.

Despite the programme being retrospective and self-assessed, advanced assurance can be gained through
Advance Finding applications.

Issues to Who was the R&D conducted for? Did you have ownership of results, control over activities or bear the financial
Consider risk?

R&D conducted in Australia on behalf of a foreign company may be claimed, depending on the countries and
agreements in place.

Where was the R&D activity undertaken? Generally, all activities must be undertaken in Australia in order to
qualify. An “Overseas Finding” can be sought for activities undertaken offshore but these must not equate to
more than 50% of the entire project cost.

6
Belgium
Belgium offers two key R&D tax incentives:

1. An exemption of 80% of the payroll withholding tax (wage tax) for PhD and Master’s qualified
employees as well as 80% of the wage tax for Bachelor’s qualified employees working on R&D projects.
This partial exemption benefits the employer and does not affect the net salary of the ‘researcher’,
reducing the effective employment cost for R&D activities.

2. A 13.5% one-off deduction or a 20.5% per year spread investment deduction for fixed assets
recorded on the balance sheet. The deduction applies to the development or acquisition of patents
and assets used to promote R&D of new products/services and advanced, eco-friendly technology.
LC
E

M
Be m S
m
u

iu
gi

lg
l
Be

Is foreign-owned R&D eligible?

R&D must occur in the country

1 1 Belgium SE Belgium MLC

or 4 or 4 Previous financial years claimable

Is pre-approval required? Generosity: 11.6% Generosity: 8.3%

Ease of Ease of
Are other R&D incentives available? Application Application

Level of review or enquiry expected?

7
 Belgium Small Belgium Medium and
Enterprises (SE) Large Companies (MLC)

Benefit 1. Wage Withholding Tax partial exemption: 80% of 1. Wage Withholding Tax partial exemption : 80% of
Overview wages are exonerated (on a pro rata basis) for scientific wages are exonerated (on a prorata basis) for scientific
Masters and PhDs when activities are related to R&D, Masters and PhDs, when activities are related to R&D
and 80% for Bachelors. The exempted amount related and 80% for Bachelors. The exempted amount related to
to the Bachelor amount may not exceed 50% of the the Bachelor amount may not exceed 25% of the total.
total.
2. R&D Investment Deduction: the corporate tax base
2. R&D Investment Deduction: the corporate tax base deduction is equal to 13.5% of the investment value of
deduction is equal to 13.5% of the investment value 20.5% on BEGAAP depreciation on justifiably capitalized
or 20.5% on Belgian Generally Accepted Accounting R&D costs.
Principles (BEGAAP) depreciation on justifiably
capitalized R&D costs. R&D Tax Credit: the corporate tax deduction is equal to
the calculated R&D investment deduction multiplied by
R&D Tax Credit: the corporate tax deduction is equal to the applicable CIT rate.
the calculated R&D investment deduction multiplied by
the applicable CIT rate.

Eligible 1. Regularization is possible back to 4 years, provided the notification requirement is met (however, the Belgian tax
Claim Period administration (“BTA”) does not allow retrospective application for years prior to the moment of notification).

Note: The partial wage withholding tax exemption is applicable only to projects that have been notified before the
start of the project to the Belgian competent authority. Based on this rule, the Belgian tax administration takes the
position that a retroactive application (i.e. application for the past once notification is done) is not allowed.

2. This is to be applied in the annual corporate income tax return, covering the most recent taxable period
(corresponding with accounting period in corporate tax matters). Unused investment deduction “ID” can be carried
forward and applied in subsequent taxable periods without time limit, but capped.

Historical 1. This benefit was introduced in 2005 and in its current form from 1 January 2007. It’s a mature system and
Background was upgraded on 1 January 2018 to include listed Bachelor degrees (whereas previously only listed Masters’
degrees and PhDs.)

2. This was introduced into Belgian domestic tax law in December 2005 and this measure is quite mature.

Application 1. Claims in regards to the withholding tax on wages benefit can be reviewed by the Scientific Policy Support
Process Agency of R&D (BELSPO), which employs technical experts and issue binding decisions on the R&D character of
activities. However, the benefit application is reviewed and audited by the Belgian tax administration (the Federal
Public Service of Finance).

2. The 13.5% one-off deduction or a 20.5% per year spread investment deduction for fixed assets is administered
and operated by the Belgium Federal Public Service of Finance. Claims are not reviewed by technical experts.

Regulating
Body Policies Federal Public Service of Finance, the Belgian tax administration, is the regulatory body.

Eligible 1. Withholding tax on salaries paid to eligible researchers on the payroll, provided these salaries can be attributed
Costs to R&D activities.

2. R&D expense justifiably capitalized under BEGAAP.

Issues to A technical documentation file is not strictly required. It is however highly recommended in anticipation of an audit and a
consider tax controlcontrol, which is likely.

Belgium is a multi-lingual and multi-cultural federal state, and this may give rise to some inconsistencies between
regional administration bodies and local examinations.

Several bodies are involved in the process. Strong project management is crucial to obtain the full potential of the
benefit.

Obtaining “a structural R&D certificate” from BELSPO can help companies support R&D justification of their activities.

A pre-notification of the project before applying is mandatory.

An environmental certificate should be obtained from the competent Regional authority.

I.e. companies meeting the Belgian domestic definition of a small company.

1
Canada
The SR&ED incentive program encourages Canadian businesses of all sizes and in all sectors to
conduct R&D in Canada that can lead to new, improved or technologically advanced products or
processes. The federal and provincial tax credits combined range from 15% non-refundable to 54.5%
refundable.
 
An additional 55% of eligible salaries are included in qualifying expenditures to capture overhead
related to R&D. This simplified overhead calculation makes the calculation easy and beneficial for
companies with high R&D staff costs.
na MB
LC
S
a
da
d
na
Ca

Ca

Is foreign-owned R&D eligible?

R&D must occur in the country

1 1 Previous financial years claimable Canada SMB Canada LC

Is pre-approval required? Generosity: 36.1% Generosity: 16.6%

Ease of Ease of
Are other R&D incentives available? Application Application

Level of review or enquiry expected?

9
 Canada Small and Medium Canada Large
Businesses (SMB) Companies (LC)

Federal: 35% Tax Credit Federal: 15% tax credit

Provincial: 10% to 30% depending on the province Provincial: 3.5% to 30% depending
on the province

Benefit The Tax Credit for SMEs is refundable and The Federal Tax Credit for LC is non-refundable.
Overview can provide up to 54.5% of eligible expenditure. The Provincial Tax Credit for LC can be refundable,
depending on the province.

Eligible The Canadian Revenue Agency (CRA) allows claims for fiscal years closing up to 18 months
Claim Period in the past.

Historical The programme was founded in 1944, the first in the world, and has existed in its current
Background form since 1986.

Ease of The regime does not require pre-approval (while pre-approval is available for companies requesting it), but audits
Application are expected and detailed.

The regime requires the company to fill in both Federal (T661) and Provincial forms, which are relatively
comprehensive and complex.

The Federal form includes a financial, as well as a technical aspect. The technical part requires the company to
present in a specific format (limited to 1,500 words) for each of the claimed projects
(up to 20 projects).

Regulating The Federal portion is administrated by the CRA and is responsible for assessing the technical and financial
Body Policies eligibility.

At a province level, the Quebec portion is administrated by Revenue Quebec, where the assessment is limited to
financial eligibility. In Alberta the portion is administrated by Alberta Treasury Board and Finance. The assessment
is limited to financial eligibility. All other provinces are also administrated by CRA.

Eligible The following are eligible costs for the regime:

Costs
• Salary (Canadian employees only)
• Canadian subcontractors (amounts capped at 80% of their value)
• Material consumed or transformed
• Overhead (an additional benefit, approximated either as 55% of eligible salary base, or company can decide to
calculate it in detail)
• Third Party Payments - Universities and Public Research Centers – which are capped at 80%.

Issues to • The regime is extremely mature, and documentation compliance is relatively high
Consider • Appropriate presentation or positioning of projects is key, otherwise the claim will be denied in audit
• Finally, the regime is reaching a record level of scrutiny, meaning every new claimant is visited the 1st year and
audited in the second year. All other claimants are expected to be audited every
3-4 years.

10
Czech Republic
The Czech Republic has an R&D scheme providing an additional 100% deduction of eligible R&D
costs from the income base, providing a net benefit of 19% on the cost of R&D. A deduction of 110%
is available on any incremental increases in annual R&D expenses.

Although the application process seems relatively easy, the regulatory authorities are rather strict in
the process of the claim justification. Therefore, detailed internal documentation on eligible projects
and eligible costs is strongly advised.

Is foreign-owned R&D eligible?

R&D must occur in the country

1 Previous financial years claimable

Is pre-approval required? Generosity: 19.3%

Ease of
Are other R&D incentives available? Application

Level of review or enquiry expected?

11
 Czech Republic All Companies

Volume-based: 100% Tax Credit

Incremental: 110% tax credit on all QE > previous year

Benefit The Czech Republic’s R&D tax credit regime is generic in nature, covering a wide scope of eligible activities and
Overview offering a common rate to all types of companies. There is a more generous benefit for 110% for any incremental
R&D expenditure, when compared to the previous year.

Eligible Only the eligible costs a company incurred during the prior fiscal year are eligible. The tax credit must be claimed
Claim Period within 3-6 months of the end of the accounting period for the year in which the expenditure occurred.

Historical The law came into force in 2005 and in recent years, there have been three legislative changes. The 2014
Background amendment led to increase of R&D deductible costs up to 110%, when an annual increase occurs (110% of the
increase, 100% of the last year’s costs). The 2016 amendment allowed for claims of 100% of costs of R&D product
certification, if legislatively needed. The 2019 amendment led to a major change in the approval process of project
documentation and introduced the obligation to keep detailed record of changes.

Ease of According to the Act’s requirements, there are three obligatory conditions:
Application
1. After 2019/04/01 companies must notify an intention to apply tax deduction for every single new project to the
competent tax authority.

2. The company must have a written Project documentation which includes a basic description of the project’s
objectives, time schedule, planned budget, research/project team, methodology, approval and an executive’s
signature. This document has to be approved before before the tax return application is declared for the first fiscal
year for which the project costs are applied.

3. Company must keep the eligible costs for each project in separate records. Apart from the above, supporting
documentation both technical and financial is strongly recommended.

Regulating Fiscal controls are carried out by tax authorities. The Act is managed by the Ministry of Finance.
Body Policies
To apply for the tax deduction, only the sum of the year’s eligible costs has to be declared in the tax declaration. In
case of fiscal audit, the taxpayer is obliged to provide the required documents (as above).

Eligible • Wages and salaries

Costs • Costs of materials and supplies
• Tax depreciation of tangible movable property used in direct relation to the project (or proportional part)
• Operating expenses (electricity, water, heat, gas, etc.) and low value assets
• Travel reimbursements in direct relation to the project
• Costs related to financial leasing
• Services and intangible results/know-how bought from R&D companies (according to the definition for R&D
companies)
• Certification of the R&D results (e.g. homologation).

Issues to • The Project documentation must exist and be approved internally before the tax return application is declared.
Consider • The formal/administrative parts of the projects are as important for tax authorities as meeting the R&D criteria
(element of novelty, technical uncertainty and systematical approach). Therefore, fiscal controls are looking even for
minor formal discrepancies, which can result in refusing the R&D benefit.

12
France
France offers an R&D tax credit of 30% of qualifying expenses on deductible tax income, for all
companies across all sectors.

As main features, this volume-based regime includes an additional benefit of 43% of eligible staffing
costs (formerly 50% until 31/12/2019) and 75% of eligible capex costs (subcontracted R&D with
doubled advantage for public partners) making it attractive for all claimants, whether claiming in-
house or external R&D expenses.

Is foreign-owned R&D eligible?

R&D must occur in the country

3
or 4 Previous financial years claimable

Is pre-approval required? Generosity: 30%

Ease of
Are other R&D incentives available? Application

Level of review or enquiry expected?

13
 France all companies

30% Research Tax Credit (up to €100 million QE, 5% thereafter)

Benefit The calculated Tax Credit is deducted from the year’s corporate income tax, with unused tax credits being cashed
Overview back for a maximum four years after claiming.

Eligible The eligible claim period can go back a minimum of 3 years and in some cases 4 years (depending on the company’s
Claim Period financial year-end).

Historical The scheme was created in 1983 and remained negligible until the early 2000s. It then reached its peak in 2008
Background when it became a volume-based incentive. Improvement to the regime occurred in the early 2010s and the scheme
is now mature and stable, having been declared durable by the last 3 presidents.

Ease of There is a flexible but compulsory justification template for demonstrating R&D that companies have to complete
Application for each R&D project. This covers both technical and financial information with a significant level of detail.

The 2069-A-SD Tax Form needs, in the case of a tax audit, a breakdown of the Qualifying Expenditure (QE) in each
cost category and for each R&D project, along with supporting scientific documentation.

The benefit is deducted from income tax the year of claiming, unused credits being carried forward for three years.

Cashback of unused credits is given after this 3 year period and is usually received within weeks. Immediate
cashback is available for SMEs.

Regulating The tax authority does regular and randomised audits of submissions. Where required, the Ministry of Higher
Body Policies Education, Research and Innovation is requested to assess the scientific level of claimed R&D activities.

Sometimes an audit meeting is organised for the company to present its R&D and qualifying activities.

Eligible • Technical staffing costs • Technological watch – conferences, IP

Costs • R&D equipment depreciation allowances • Patents
• Operating costs – pre-determined as 43% • Standardization meetings
(formerly 50% until 31/12/2019) of staffing and
75% of depreciation allowances
• Subcontracted R&D

Issues to • R&D definitions are Frascati based

Consider • Scientific R&D justification has to be operated according to an updated template published each year by the French
Ministry of Research
• In the case of a tax enquiry, both the Ministry of Research or Tax Administration can ask for justification, whether
that is technical or financial
• The window of enquiry is until 31st December of the 3rd year after claiming

14
Germany
The German R&D tax incentive scheme is new and was introduced in January 2020 and offers a 25%
reduction in tax liability, or a cash credit.

The scheme is retrospective and the first applications can be made on 1 January 2021. Some aspects
of the regime are still to be decided and implemented and are expected to be finalised by the end of
Q1 2020.

Is foreign-owned R&D eligible?

R&D must occur in the country

4 Previous financial years claimable

Is pre-approval required? Generosity: 25%

Ease of
Are other R&D incentives available? Application

Level of review or enquiry expected?

15
 Germany all companies

25% reduction in tax liability, or cash credit paid.

Benefit 25% on labour and contract research costs, to a maximum claim of €500k per company (or group/holding if the
Overview company is part of a larger organisation). The tax benefit is taken as a reduction on the corporate tax owed or, if there
is insufficient tax liability, a credit is payed out.

Eligible This is a retrospective regime – the first application can be made in 1 January 2021.
Claim Period
There is a possibility to claim more than 1 year back on any eligible R&D activity, although this has not yet been
confirmed.

Historical This is a very new regime, started on 1 January 2020. Law has been accepted and the eligible claim period started
Background the 1st of January 2020. All other aspects of the regime (application process, playing rules, involved bodies etc.) still
have to be decided and implemented. This is expected to be finalised at the end of Q1 2020.

Ease of This is a retrospective regime. However, the eligibility of a project(s) can be checked and confirmed upfront, which
Application need to be submitted electronically.

Since it is a.) a new regime that impacts and involves a lot of governmental bodies (at least two ministries, one
granting body and the local finance authorities and b.) these bodies strongly refer to the European GBER and follow
their regulations, we expect a lot of difficulties at least for the first two years.

Regulating Regulation is managed by the Ministry of Finance, the Ministry of Economic Affairs and the Ministry of Research
Body Policies and Education and a separate, granting body (existing or new) is being set up to handle all R&D claims. The assumed
budget is € 1,25 Billion per year.

Eligible Labour and (60% of) external contract research.

Costs

Issues to As this is such a new regime, the finer details of the claim process and benefit calculations are still being ironed out
Consider (these are expected to be confirmed by the end of Q1 2020)

16
Ireland
Ireland’s R&D tax credit regime offers a 25% tax credit to all types of companies. Comprehensive,
contemporaneous financial and technical support must be captured in real time for reporting all
R&D projects as part of a claim.

Full financial and technical justification should be prepared and retained by the claimant to support
their claim, should an enquiry be opened. Especially in the first year a company makes a claim, there
is a high chance of enquiry.

Is foreign-owned R&D eligible?

R&D must occur in the country

1 Previous financial years claimable

Is pre-approval required? Generosity: 25%

Ease of
Are other R&D incentives available? Application

Level of review or enquiry expected?

17
 Ireland all Companies

25% Tax Credit on Eligible R&D Expenditure for all companies

Benefit Ireland’s R&D tax credit regime is generic in nature, covering a wide scope of eligible activities and offers a
Overview common rate to all types of companies.

Where a company has insufficient Corporation Tax against which to claim the R&D tax credit in a given accounting
period, the tax credit may be credited against the Corporation Tax for the preceding period, carried forward
indefinitely. Or, if the company is a member of a group, it can be allocated to other group members.

The R&D credit can also be claimed by the company as a payable credit over a 36 month period or, as an incentive
to certain staff, a company may transfer some or all of its R&D credit to ‘key employees’ to use against personal
income tax liabilities. It should be noted that specific restrictions apply when a company claims a payable credit or
surrenders the credit to key employees.

Eligible Claim The tax credit must be claimed within 12 months of the end of the accounting period for the year in which the
Period expenditure occurred

Historical • Research and Development Tax Incentives are issued by the Irish Office of Revenue Commissioners.
Background • R&D Tax incentives were launched in Ireland in 2004 and it was an incremental regime. Since then it has slowly
evolved into a volume-based regime.

Application R&D claims are submitted to the Irish Revenue by submitting a CT1 form using the Revenue Online Service, which
Process details only the QE.

Although not required, a full technical and financial report is highly recommended should an enquiry be opened on the
claim. Furthermore, the R&D claim is often evaluated by technical experts.

Regulating All claims are submitted to the Irish Office of Revenue Commissioners which reviews the claims.
Body Policies Other than the CT1 application on the Revenue Online System (ROS), no technical or financial justification is
required to make a claim. However comprehensive, time-stamped technical and financial documentation must be
prepared and retained by the company for 5 years, in case an enquiry is opened. There is a view that it is more likely
that an enquiry will take place during the first year’s claim.

Eligible Costs There are no defined eligible cost categories in Ireland.

Policies
Qualifying expenditure can include any expenditure incurred wholly and exclusively by the company for carrying out
R&D activity and these can include:
• Salaried staff
• Materials
• Individual consultants
• Subcontractors, Agency staff & Individual consultants*
• University Research*
• Royalty payments
• Plant and Machinery (This is inclusive of expenditure which also qualifies for capital allowances)
• Expenditure on the construction or refurbishment of a qualifying building used for research and development (Only
the portion of the building or structure that is used for R&D activities can be used to calculate the credit and the cost
of acquiring the land does not qualify for the R&D credit).

Grants received towards qualifying R&D expenditure must be deducted from the costs included in a claim. Any
expenditure met directly or indirectly by the EU or State aid will not be treated as qualifying expenditure.
*Payments to subcontractors and universities / institutes of higher education are permitted costs, however they have special conditions. It is important to note that outsourced activity must
constitute as R&D in its own right.

- Universities / institutes of higher education: The greater of 5%; of total qualified R&D expenditure or €100,000. Costs are still eligible if work is outsourced to European universities
- Subcontractors: The greater of; 15% of total qualified R&D expenditure or €100,000. Note: all subcontractors need to be given written warning by the company claiming for the R&D, to
avoid double claiming.
- Individual consultants: Those hired as part of the team are eligible it they; 1. provide specialist knowledge that is unavailable in-house, 2. are employed for less than 6 months, 3. work under
the company’s direction and control and 4. work on the company’s premises.

Issues to • Comprehensive, contemporaneous financial and technical support must be captured in real time for all R&D
Consider projects claimed.

• There is a high chance of enquiry, especially in the first year a company makes a claim.

18
Italy
In Italy the corporate tax rate is 24% and the regime offers an incremental R&D tax credit by allowing
a saving of 50% for additional investments, over the frozen average of QE from 2012-2014. The R&D
tax regime is constantly changing, making relying on the benefit difficult and the current regime will
be in effect until 2020. When applying for this benefit, an in-depth review of documentation is to be
expected.

Is foreign-owned R&D eligible?

R&D must occur in the country

1 Previous financial years claimable

Is pre-approval required? Generosity: 22%

Ease of
Are other R&D incentives available? Application

Level of review or enquiry expected?

19
 Italy all Companies

50% Tax Credit (From fiscal year 2019, 25%-50% Tax Credit depending on the category of expenditure.)

Benefit The tax credit is calculated on the additional R&D investment exceeding the average expenditure in the baseline
Overview 2012-2014 (or “frozen average”). The net benefit, for each year, is equal to the 50% of the expenditure increase versus
the baseline.

Although no pre-approval is required, it’s important that an in-depth review of the supporting documentation is
provided to the Tax Authority in case of enquiry.

A company requires a minimum of €30,000 of QE per year to make a claim with the maximum benefit capped at €20
million. From 2019, the maximum benefit will be capped at €10 million.

For companies established after 2014 the baseline is 0. For companies established after 2012 the baseline is
calculated from the date of establishment to the end of 2014.

From 2017, expenses incurred whilst performing commissioned research are eligible, however, this inclusion can only
be considered when R&D activity is conducted by an Italian entity on behalf of a non-Italian one (this new provision
also opens up the regime to Universities).

From 2019, the tax benefit is dependent on the type of expenditure incurred - 50% for staff costs, research contracted
to universities, research centres, startups, and innovative SMEs; and 25% for collaborators, laboratory equipment,
and research advisory carried out by other companies.

Eligible Companies can calculate and use the R&D tax credit starting from the first month following the approval of the
Claim Period balance sheet for the relevant fiscal year. It is mandatory to indicate the tax credit amount in the annual tax return.

The tax credit can be used only in compensation with different types of taxes (e.g. corporate tax, social charges, local
taxes, etc.).

If the tax credit amount related to a specific fiscal year is not entirely used or not used at all by the claimant, it can be
carried forward indefinitely. The only requirement is that the amount carried over from previous fiscal years must be
recalled in the successive tax returns.

Historical A number of different regimes have been in place since 2000. The current regime was established on 1st January
Background 2015 and is an incremental R&D tax regime. This will be in place until 2020.

Since 2015, the regime has become progressively more generous - although the benefits originally varied from either
25% or 50%, depending on the cost category. From 2017 all expenses incur a 50% rate which can be applied to all QE.

In December 2018 the Budget Law 2019 was approved, introducing significant changes to the current regime for the
tax credit.

Ease Of Companies must obtain a report from the statutory auditor and are obliged to produce a technical report on research
Application projects signed by the R&D Manager and countersigned by the legal representative.
Pre-approval is not required, however an in-depth review of the documentation is to be expected. The calculation of
the benefit is lengthy and quite complex for the first year’s claim, as the company needs to establish its frozen average
for 2012-2014.

Regulating Agenzia delle Entrate (the Italian tax authority) is in charge of the review and any enquiry.
Body Policies For specific technical issues, Italian companies can submit a request to the Ministry for Economic Development.

The deadline for review or enquiry is 5 years from the last used R&D tax benefit.

Eligible Costs • Staff (includes temporary workers, external collaborators & professionals)
• Research conducted through universities or research institutions on taxpayer’s behalf.
• Equipment (depreciation and/or rental)
• IP expenses (patents, registration, legal consultancy, freedom-to-operate studies, etc.)
• Technical consulting from other companies (e.g. feasibility studies, testing, technical design, prototyping, etc.)
• Purchase of materials, supplies and other similar products directly used in R&D activities (From 2019)

Issues To • Retrospective calculation of the frozen average

Consider • Evolving tax regulation
• Significant workload for the first year of application

20
Poland
For SMEs and Large Enterprises, Poland offers an equal deduction of 100% of all eligible costs for
research and development projects. In the case of R&D centres, the deduction increases from 100%
to 150%. The regime allows for companies to claim retrospectively up to 5 years.

Is foreign-owned R&D eligible?

R&D must occur in the country

5 Previous financial years claimable

Is pre-approval required? Generosity: 19%

Ease of
Are other R&D incentives available? Application

Level of review or enquiry expected?

21
 Polish SME and Polish R&D
Large Enterprises Centres

100% Tax Deduction 100-150% Tax Deduction

Benefit All companies can claim 100% of eligible R&D Companies that have special R&D centre status can
Overview expenditure as a reduction of their tax base within the claim from 100% (cost of getting legal protection
year the expenditure is incurred. for technical knowledge) and 150% for all additional
qualifying costs, as a reduction of their tax base within
Startups can benefit from “cash back”. If the company the year the expenditure is incurred.
is loss making in the year it started operating, the
incentive can be offered in cash.

Eligible Companies can claim retrospectively up to 5 years. In practice the majority of claims are made by the end of the
Claim Period standard fiscal year following the claim period. It’s not possible to claim future costs in advance.

Historical The Research and Development Tax Incentives issued by the Polish government were introduced in 2016 and the
Background generosity of the regime has increased year on year.

The first version of law came into legal use on 2 November of 2015, with the second version on 4 November 2016.
The third and current version of law came into legal use on 9 November 2017.

Application Companies apply the tax deduction in the tax declaration by filling out an annex (CIT-BR) to the tax relief - deadline
Process end of fiscal year. If the claim is made retrospectively, companies have to ask the tax authority for tax overpayment
and prepared corrections of CIT declarations for past years - maximum 5 years back.

The claim processing time in Poland is instantaneous if made at the end of fiscal year. If the claim is made
retrospectively the processing time can take up 2 months, or 3 if the case is particularly complicated.

Regulating
Fiscal controls are carried out by tax authorities. The Act is managed by the Ministry of Finance.
Body Policies

Eligible Eligible costs related to R&D activities can be used to Eligible costs related to R&D activities can be used to
Costs claim the 100% tax deduction: claim the 150% tax deduction:

• Salaries (wages, allowances, bonuses, overtime, • Salaries (wages, allowances, bonuses, overtime, leave,
leave, superannuation, payroll tax and workers comp superannuation, payroll tax and workers comp insurance)
insurance) • Civil law agreements (contract of mandate, contract
• Civil law agreements (contract of mandate, contract work)
work) • Materials & Supplies (all materials and supplies used for
• Materials & Supplies (all materials and supplies used R&D including low cost laboratory equipment)
for R&D including low cost laboratory equipment) • Cooperation with any company for R&D (costs of
• Co-operation with Scientific Units (costs of analysis, analysis, research, development and comparable services
research, development and comparable services) bought from any company)
• Renting of research equipment • Renting of research equipment
• Acquiring legal protection for technical knowledge • Amortization (intangible assets) and depreciation (fixed
(all costs made to acquire patent and other similar legal assets) used in R&D, including houses and buildings.
protection in Poland and the EU)
• Amortization (intangible assets) and depreciation Note: The cost of acquiring legal protection for technical knowledge can be
(fixed assets) used in R&D, excluding houses, buildings claimed at 100% in regards to the tax deduction. This includes all costs made
to acquire patents and other similar legal protection in Poland and EU.
and cars.

Issues to The Polish R&D regime is easy to apply and claim for, however the claiming company needs to make sure that the
Consider documentation is professionally prepared in case of fiscal control. The Treasury Chamber can retrospectively review
claims submitted up to 5 years back. It is responsibility of a claiming company to provide evidence or supporting detail
that all legal requirements have been met.

Company is obliged to separate the R&D eligible costs into individual analytical accounts.

22
Portugal
The Portuguese R&D tax credit scheme (SIFIDE) offers a base rate of 32.5% on all qualifying
expenditure (QE). An additional incremental rate of 50% can be added for all QE over the average of
the 2 previous tax periods. If no prior claims have been submitted, all QE receives an 82.5% tax credit.

Although the definition of R&D is the same as most other jurisdictions, the evaluation is tighter and
demands a higher degree of novelty and the existence of technical uncertainty.

Is foreign-owned R&D eligible?

R&D must occur in the country

1 Previous financial years claimable

Is pre-approval required? Generosity: 40%

Ease of
Are other R&D incentives available? Application

Level of review or enquiry expected?

23
 Portugal all Companies

Volume based and incremental – 32.5% up to 82.5% tax credit

Benefit The Portuguese R&D tax credit scheme (SIFIDE*) works by allowing a company to apply a deduction to its tax
Overview amount. There is no cap related to qualifying expenditure, but there is a cap of €1.5 million for the incremental
rate.

The application must be presented to the National Agency for each claim, which takes almost one year to be
evaluated. Although, the tax credit can be applied before the approval.

Full technical and financial justifications are needed to support the claim. If the tax credit is not fully applied,
there is the possibility to carry forward the tax credit remaining value for 8 fiscal years.

A company that benefits from SIFIDE may be subject to a technical audit, performed by the official innovation
agency (ANI).

New SMEs that have not yet completed two fiscal years and which have no incremental rate, can have an increase
of 15% base rate.

Qualifying expenditures of R&D activities from eco-design projects could be considered at 110%.

* SIFIDE (Sistema de Incentivos Fiscais à I&D Empresarial)

Eligible Only R&D activities from the previous fiscal year are eligible and the application has to be filed within 5 months of
Claim Period the financial year end.

Historical The Portuguese scheme was introduced in 1997. In 2004 there was a suspension of SIFIDE. The suspension
Background ended in 2005 and the current regime will run until 2020.

Ease of The application needs to be presented to the National Agency for each claim, which takes almost one year. Full
Application technical and financial justifications are needed to support the claim.

SIFIDE requires applications to be evaluated by a body of R&D experts.

Although the definition of R&D is from the Frascati Manual, the evaluation demands a higher degree of novelty
and the existence of technological uncertainty. A state of the art technological analysis is also required, and so the
National Agency evaluation team will often contain experts.

Regulating Ministry of the Economy through the Innovation National Agency (ANI – Agência Nacional de Inovação)
Body Policies

Eligible Costs Mainly:

• Staff salaries - R&D Team plus technical management team (all need at least level 4* qualifications) at 100%. 120%
for all PhD staff.
• R&D Subcontractors
• Indirect costs, capped at 55% of Staff cost (including Directors, Management & other staff with less than level 4
qualifications; consumed/transformed materials; project-specific costs; and subcontractors.)
• Acquisition of tangible fixed assets, as long as they are new and directly allocated to the R&D activity (no land or
buildings)
• Patent registry and maintenance
• Patents acquisition related to the R&D activities (only for SMEs)
• Specific R&D auditing and certifications.

* employee has a minimum of secondary level of education plus a traineeship, i.e. the employee must have a minimum rating level of
four as defined in the National Qualifications Framework

Issues to The Portuguese R&D Tax credit scheme is very demanding. A good knowledge of the regulation and claim process
Consider is needed. R&D definitions are Frascati based. The evaluation demands a higher degree of novelty and the existence
of technological uncertainty. Audits, technical or fiscal, may exist.

24
Slovakia
Slovakia offers a 200% deduction of eligible costs from the income base, providing a net benefit of
42% on the cost of R&D. There is an additional 100% deduction that can be applied to any incremental
year-on-year increase of QE, equating an additional 21% net benefit.

There is a certain lack of clarity regarding how the legislation should be interpreted, but the Finance
Administration has been taking steps to help in this regard.

Is foreign-owned R&D eligible?

R&D must occur in the country

1 Previous financial years claimable

Is pre-approval required? Generosity: 23.9%

Ease of
Are other R&D incentives available? Application

Level of review or enquiry expected?

25
 Slovakia all Companies

200% for all QE in current year and an additional 100% of any additional QE (average of current and previous year)
over and above the average of the two previous years. The net benefit equals 42%.

Benefit Slovakia offers a 200% deduction of eligible costs from the income base, providing a net benefit of 21% on the cost
Overview of R&D. There is an additional 100% deduction that can be applied to any incremental year-on-year increase of QE,
equating to an additional 42% benefit.

Eligible The company can look back retrospectively for one financial year and the claim must be made within three months
Claim Period of year-end, as an input into the tax computations (immediate relief). The company can request a ‘delay’ to submit
6 months of previous financial year (i.e. Dec Y/E – submit half at the end of March and remained end June, both
directly into tax comps).

Historical The regime, based on the Czech one, has been valid since January 2015, but with only a
Background 25% benefit on QE.

As of January 2018 it is possible to claim 100% of R&D costs in the year, 150% from January 2019 and 200% since
January 2020, plus an additional 100% for any incremental QE over and above the average of the two previous
years.

Ease of There are 2 main conditions:

Application
1) The company must have an internal simple entry document created for every R&D project for which it claims the
applicable costs for tax deduction. The document must contain the date, project start and end dates, the goals that
they want to achieve with the project and the estimated costs for the project for each year. The document must be
approved by a person who can act on behalf of the company.

2) Company must separate the R&D costs for each project into individual analytical accounts.

The company applies the tax deduction in the tax declaration by filling out an annex to the tax return which contains
data from the entry document and the applicable deduction. The Finance Administration publishes a list of all the
companies which have applied for the R&D Tax deduction including a short description of each R&D project. The aim
is to increase transparency.

Eligible Costs The following are the eligible costs for the regime:

• Salary
• Materials
• Amortisation of equipment & buildings
• Software licences (for R&D purposes)
• Running costs (electricity, water, heat, gas)
• Non-material development results bought from R&D companies certified under the Ministry of
Education (only about 200 companies, universities and academic institutions)
• Certification of the R&D results (e.g. homologation)

If full or partial funding from public resources is received for any of the costs, this deems them
ineligible.

Issues to • The Finance Administration publishes a list of all the companies which have applied for the R&D Tax deduction,
Consider which includes a short description of each R&D project. This means there is a potential risk of sharing sensitive
information with competitors.
• R&D tax cannot be combined with any other types of incentives.

26
South Africa
South Africa offers any company undertaking eligible R&D activity an additional 50% deduction, i.e. a
total 150% ‘super deduction’ on qualifying expenses. Pre-approval is required and turnaround times
for processing pre-approval applications can be lengthy, estimated at between 6-12 months.

As the process is a forward looking, pre-approval, process, companies are encouraged to have a high
level understanding of the project’s ongoing activities, as well as potential challenges involved over a
prospective 1-3 year period.

Is foreign-owned R&D eligible?

R&D must occur in the country

0 Previous financial years claimable

Is pre-approval required? Generosity: 14%

Ease of
Are other R&D incentives available? Application

Level of review or enquiry expected?

27
 South Africa all Companies

50% additional tax deduction (150% Super deduction)

Benefit The South African 150% super deduction scheme requires pre-approval and allows qualifying companies to deduct
Overview R&D expenses from taxable income, generating a net tax benefit of 14%.

The definition of R&D for tax purposes is slightly different and the R&D project must fit into one of the below
definitions to be eligible for the R&D incentive:
1. Discover non-obvious scientific or technological knowledge
2. Create or develop an invention, functional design, or computer programme
3. Create or develop knowledge essential to the use of an invention, functional design, or computer programme
4. Create significant improvements in functionality, performance, reliability, or quality of the above invention,
functional design, or computer programme
5. Clinical trials and the development of multisource pharmaceuticals or generic drugs.

Approvals are given to companies on a project by project basis and R&D activities must be carried out within South
Africa.

Eligible All projects must be approved by the Department of Science and Technology (DST). Companies can claim from the
Claim Period date of submission of the pre-approval application and not just the date of approval, until the project’s completion.

Historical The scheme was originally introduced in 2006, with modifications being made to the incentive in October 2012,
Background introducing the pre-approval application process. In 2017 the DST introduced an online portal to facilitate online
submissions.

Regulating • The R&D tax incentive is administered jointly by the DST and the South African Revenue Service (SARS)
Body Policies • DST approves or rejects projects, based on pre-approval applications
• The qualifying expenditure claim is administered by SARS, through the submission of the company’s annual tax
return
• Turnaround times for pre-approval applications to be processed are currently estimated at 6 – 12 months, after
which an approval or rejection letter is received
• The general deadline for submitting an annual corporate tax return is one year after the financial year end.
Companies can elect to claim the incentive in their provisional tax returns, allowing them to benefit from the
incentive sooner
• Special rules now enable the taxpayer to claim the R&D benefit in cases where the DST has taken longer than
tax amendment prescription periods (3 years) to adjudicate the pre-approval application submitted.
• Applications are filled out in a prescriptive online application form. However applicants are allowed to submit
supporting project documentation, which is strongly advised.

Eligible • Only costs incurred after submission of the pre-approval application will qualify for the incentive. As such, it is
Costs best to do the pre-approval before the start of the R&D project
• As a general rule, qualifying costs are costs that are directly related to the R&D activities. As such, costs do not
qualify when they are incurred in respect of indirect R&D or other supporting activities
• Once approved, costs fall into the following categories when calculating the claim value;
• Labour
• Subcontractors
• Overheads
• Materials
• Costs incurred in the creation/development of a prototype/pilot plant will qualify for the incentive as long as it
is not intended to be utilised or is not utilised for production/commercial purposes after the R&D is completed.

Issues to Due to the scheme’s prospective nature, companies should ideally have a projected roadmap of each project’s
Consider development and evolution, with identified areas of risk and uncertainty, before applying for the incentive. This
will improve the chances of obtaining pre-approval and help ensure continued eligibility of the evolving activities
and associated costs to maximise the claim value.

28
Spain
Spain’s R&D Tax credit is generally set at a 25% of qualified R&D expenses. Additionally, when the
expenditure exceeds the average of the 2 previous years, that incremental QE receives a 42% benefit.
A monetised tax credit is also available, at a slightly lower benefit, which also requires pre-approval
and usually has a 2 year wait to receive the benefit.

The definition of R&D applied for the evaluation of projects is rather tight, with a higher degree of
novelty required.

There is another possible qualification for projects as ‘Technological Innovation’. This type of project
is eligible for a 12% tax credit and the evaluation criteria are lighter, and allows many more projects
to qualify.
no
In
h.
D

c
R&

Te
n

n
ai

ai
Sp

Sp

Is foreign-owned R&D eligible?

R&D must occur in the country

Spain R&D Spain Tech. Inno

18 18 Previous financial years claimable

Is pre-approval required? Generosity: 29.6% Generosity: 12%

Ease of Ease of
Are other R&D incentives available? Application Application

Level of review or enquiry expected?

29
 Spain all Companies

• 25% tax relief for all QE that are less than or equal to the average of previous 2 years
• Additional 42% Tax Relief for all incremental QE greater than the average of 2 previous years’ QE
• Additional 17% benefit for all staff spending 100% of their time on R&D projects

Benefit R&D project requirements can be hard to meet due to the level of novelty required, which is generally understood to
Overview be at an international rather than company or domestic level. There is another category “Technological Innovation
(TI)” which does not require the same level of “ground-breaking achievements” and has easier evaluation criteria.

Although not mandatory, pre-approval is generally advisable especially for larger projects and for monetization of the
tax credit (cashback) is a must. There are two options, public cashback, where claimed 80% of the total tax credit with
two years wait to receive the credits with some requirements about employment maintenance and reinvestment.
Second option is private cashback or technological patronage, where the rights are transferred to a private third party
through a commercial operation. This mechanism is known as Tax Lease.

Eligible Whenever pre-approval is sought, claims must be submitted before 6 months and 25 days after the end of the
Claim Period company’s financial year; companies can only look back one financial year. The external certification process typically
takes 2 months and this process should be completed before placing the claim. The Ministry of Economy can take up
to 2-3 years to respond.

Tax relief without pre-approval is declared in the company’s tax statement, and requires additional documentation
only in the case of tax audit. Claims without pre-approval may include many previous financial years.

Following the law closely, up to 18 previous fiscal years can be considered to claim the credit. However, it is quite
common for companies with greater aversion to risk to limit to the last 4 years.

Historical The first definition of R&D based tax relief dates back to 1978, but numerous revisions have improved the mechanism.
Background The Law 27/2014, including all modifications up to this date, regulates the current benefit.

Application Spanish R&D claims are looked over by Government Tax Agency, where the claim is examined by a technical expert
Process almost immediately. Pre-approval is voluntary, and generally indicated for large projects. However, all applicants can
be asked to present a full technical justification or report in case of tax audit.

Regulating If no pre-approval is claimed, tax relief is evaluated Consultations for binding rulings can be placed at the Tax
Body Policies by the Tax Agency only in case of a general tax audit. Agency, and while restrictive, their result is absolutely
Pre-approval is given by the Ministry of Economy, and binding in case of audit. Previous binding rulings for
even in the cases when it is mandatory, this report similar projects are public (and thus jeopardise any
is not binding for the Tax Agency that might apply sensitive IP) and can be used to argue in favour of a
different criteria. project in case of audit.

Eligible The following are counted as eligible costs:

Costs
• Salaries
• Consumables
• Costs of investments in fixed assets dedicated to R&D
• Equipment depreciation, which is proportional to the intensity of usage for the R&D
• Research providers, including advanced software use, post 2001.
• Other contracted services related to R&D projects

Issues to • Pre-approval is only compulsory for those projects claiming cashback, monetization of tax credit both through
Consider the administration and through a private investor. For the rest of cases, i.e. reduction of tax owed, pre-approval
is not required, as dictated as optional in the law. Where a company is not claiming cashback, they can decide
whether to apply for pre-approval for their projects, or take on the risk and simply create a technical and
economic report without this pre-approval, and retain it in case of an eventual tax audit.
• When pre-approval is claimed, a fee is charged for each project
• The definition of R&D applied for the evaluation of projects is rather tight, with a higher degree of novelty
required
• In many cases the process is complex, making it quite difficult to navigate
• Results vary due to different interpretations of the stringent regulations applied by the different experts
involved in the emission of official reports on projects.

30
United Kingdom
The UK scheme has different benefits for Large Companies (LCs) and Small and Medium Enterprises
(SMEs). The regime offers profit-making SMEs an additional 130% deduction (230% super deduction)
of qualifying expenditure from taxable profits; Or loss-making SMEs a cash credit of 14.5%. LCs are
offered a 13% expenditure credit (R&DEC).

Technical justification of the claim is not required by law. However a document stating the nature of
R&D activities is highly recommended.

Eligible costs have to fit within prescribed cost categories.

E
SM

LC
K

K
U

Is foreign-owned R&D eligible?

R&D must occur in the country

2 2 UK SME UK LC
Previous financial years claimable

Is pre-approval required? Generosity: 24.7% Generosity: 10.5%

Ease of Ease of
Are other R&D incentives available? Application Application

Level of review or enquiry expected?

31
 UK Small and Medium Enterprises (SME) UK Large Companies (LC)

130% tax deduction Cash Credit Research and Development

(230% Super Deduction) Expenditure Credit (R&DEC)

Benefit This scheme applies only to profit If an SME is a loss making entity, Large companies in the UK are
Overview making SMEs. The net benefit is it is able to surrender losses for a eligible to claim on the R&DEC
24.7% of qualifying expenditure. 14.5% cash credit. The net benefit scheme for a 13% expenditure
is 33.3% of qualifying expenditure. credit. This is an above the line
credit.

Eligible The UK uses a retrospective scheme for its research and development tax benefits. The scheme
Claim Period includes the ability to claim for eligible R&D expenditure two years from the end of a company’s accounting period.

Historical The SME regime was launched in the UK in 2000. The LC regime was launched
Background in the UK in 2002. R&DEC was
introduced in April 2013 and has
since replaced the historical LC
regime.

Regimes for both SMEs and LCs have become ever more generous since their launch.

Application R&D tax claims are reviewed in the UK by Her Majesty’s Revenue & Customs (HMRC), a non-ministerial
Process department of the UK Government. Applicants are not required, but are advised to provide a full financial and
a full technical justification for the claim, in the form of a report. HMRC aims to deliver the benefit 28 days after
submitting the claim for SMEs and around 3-6 months for LCs.

Regulating Body R&D Tax Incentives are issued by HMRC. All claims for R&D tax benefits are to be submitted to HMRC in the tax
Policies return (CT600) for review. Amended CT600s are to be provided for claims made in respect of previous years. In the
case of an enquiry, these documents are helpful in defending costs related to R&D projects.

Claim Processing Time: There is Claim Processing Time: Claim Processing Time: There is no
no official timetable. The benefit The tax authority aims for 28 official timetable and is
could be immediate if it is a days. approximately 3-6 months
reduction of tax owed and inserted from submission.
as an original submission in the tax
return (CT600). If it were a credit
of tax payed, the tax authority aims
for 28 days.

Eligible 1. R&D Staff 1. R&D Staff

Costs 2. Subcontractors 2. Externally provided workers
3. Externally provided workers (EPWs) (EPWs)
4. Consumed or transformed materials not sold for monies or monies’ 3. Consumed or transformed
worth. materials
5. Software 4. Software
5. Independent research
Note: LCs can only claim up to the
total cost of the employees’ full
NIC and PAYE costs in the financial
period. This is the full NIC and PAYE
cost, not just the apportioned cost.

Issues to HMRC’s R&D inspectors are not technical experts and may have trouble reading and understanding certain projects
Consider
submitted to them. This may lead to an enquiry to ensure that the technical nature of the work meets the definition of
R&D.

32
USA
The USA has one of the broadest definitions of what qualifies as R&D and is accessible to a far wider
category of claimant, including individuals.

The USA offers two different R&D incentive methodologies, the Alternative Simplified Credit (ASC)
Method being the primary method used. The ASC Method is an incremental and non-refundable tax
credit and equals up to 14% on the excess of current year Qualifying Expenditure (QE), over 50% of
the average Qualified Research Expense (QRE) for the prior 3 years. In addition, 36 of 50 states offer
a tax credit of up to 15% of incremental increases in QRE over 3 previous periods.

Is foreign-owned R&D eligible?

R&D must occur in the country

3 Previous financial years claimable

Is pre-approval required? Generosity: 12.1%

Ease of
Are other R&D incentives available? Application

Level of review or enquiry expected?

33
 Federal level State level

14% benefit on incremental, eligible expenditures that Depending on the state, the calculation varies, but
are over half of the average of the previous 3 years. generally between 5% and 15% of incremental eligible
expenditure over half of the average of the previous 3
years.

Benefit The benefit is a non-refundable tax credit and claimants can claim a Federal tax credit up to 3 years back.
Overview
Depending on the state, some credits can be claimed up to 4 years back, while some other states only allow a
current year filing.

For qualifying start-ups in first five years of operation, a tax credit can be applied against payroll taxes.

Eligible Fiscal year-based claim, up to 3 years back. The eligible claim period will vary by state.
Claim Period

Historical The regime started in 1981 when the R&D Tax Credit was originally introduced in the Economic Recovery Tax
Background Act to help counteract the recession. Since the credit’s original expiry date of 31st December 1985, the credit
has expired eight times and has been extended fifteen times, retroactively. The last extension expired on 31st
December 2014.

In 2015, the PATH Act made the R&D tax credit programme permanent in a measure of the government spending
bill.

Ease of No pre-approval is required either at federal or state-level. A medium level of technical and financial information is
Application required in case of audit. There is added complexity due to there being both federal and state level incentives.

The scheme only requires completing a 2-page This is dependent on the state and the scheme.
form, providing a summary of expenditures to be However, most schemes have adopted the federal
claimed. IRS expects Taxpayers to have a readily methodology, and forms are short and required
available report detailing the claim building process information is limited.
and methodology, eligible expenditures, eligible
projects and eligible activities, along with records to
substantiate the claim.

Regulating The Internal Revenue Service (IRS) is responsible for assessing the federal tax credit, covering both technical and
Body Policies financial eligibility.

Franchise Tax Boards (one per state): are responsible for assessing state tax credits, covering both technical and
financial eligibility.

Eligible The following are eligible costs:

Costs
• Salaries of US employees including support staff (For staff who spend more than 80% of time on qualified
activities, 100% of their salary is eligible)
• US subcontractors
• Equipment depreciation, which is proportional to the intensity of usage for the R&D
• Materials
• Supplies
• Basic research payments

Issues to • While the scheme is very broad and easy to apply for, properly documenting the claim building process, as well as
Consider collecting contemporaneous technical and financial supporting evidence, are key elements in case of an audit
• IRS audits can be aggressive, complex and long – being prepared is key.

34
Our locations

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