Tax Incentives Blog

It has been a tough few years.
Between an unprecedented and painful economic contraction due to the COVID-19 pandemic and the subsequent supply-side shocks and inflationary pressures, businesses are eager to find ways to save money and improve their bottom line by any means, while also seeking to innovate to better perform in an ever-increasingly competitive environment. For many businesses, this includes renewed exploration of local, state, and federal incentives to help reduce tax liabilities. For a large number of industries, research and development (R&D) tax credits may provide an effective tool in recouping crucially needed cash spent on developing new or improved products or processes. Better still, many companies can take advantage of both federal and state R&D programs concurrently to enjoy even greater benefits.

At the end of June 2022 the new Circular Bio-based Europe Joint Undertaking (CBE-JU) announced a €2 billion partnership between the European Union and the Bio-based Industries Consortium (BIC), funding projects with cash grants which advance the competitive circular bio-based industries in Europe.

The total number of Research and Development (R&D) tax claims increased by 10.54% from 2021-22 on 2020-21 with abuse still rife, Her Majesty's Revenue and Custom (HMRC) priority to tackle dubious claims have seen delays to processing times.

The time to reverse the changes made by the 2017 Tax Cuts and Jobs Act (TCJA) is quickly running out. These changes force companies to begin amortizing research and development expenses over a period of 5 years rather than deduct them entirely in the year in which it was claimed. A measure to help offset the revenue lost from cutting the corporate tax rate from 35% to 21%, the change to I.R.C. section 174 removes the option of a current year deduction in full.

This week farmers, growers, or foresters in England will be able to apply for a portion of £8 million in cash grants for project costs that aim to drive the development and demonstration of solutions that have the potential to substantially improve overall productivity, profitability, and environmental sustainability and help the sector mitigate greenhouse gas emissions and adapt to the effects of climate change.

As a continuing part of its initiative to further international collaborative research, Innovate UK has announced that it will invest up to £2 million in innovation projects in partnership with Korea Institute for Advancement of Technology (KIAT). The aim is to fund business-led industrial research that leads to a new product, industrial process or service, be innovative, involve a technological risk, and have high market potential in the participating countries.

Research & Development (R&D) Tax Relief Incentives in the UK have been in place for over 22 years, which is comparatively young against jurisdictions such as the US and Canada, which have had their R&D credits in place for over 40 years. In the most recent of years Her Majesty’s Revenue and Customs (HMRC), the UK’s administrating agency, has taken significant steps to improve the scrutiny of R&D tax relief claims made by Small and Medium-Sized Enterprises (SMEs) and Large Companies to ensure the uptake remains genuine.

As a part of its initiative to further international collaborative research, Innovate UK has announced that it will invest up to £3 million in innovation projects in partnership with Enterprise Singapore. The aim is to fund business-led industrial research. Proposals must include at least one small or medium-sized (SME) partner from the UK and one partner from Singapore. Large UK companies are allowed to apply but must involve at least one SME. These partners should be separate legal and non-linked entities to ensure genuine international collaboration. The UK partners will be awarded up to £350,000 from Innovate UK while Enterprise Singapore will fund the partners from Singapore.

For most tax return preparers, the end of the day on October 15^th marks a joyous occasion—the end of a frequently grueling tax filing season and a much-needed reprieve before the cycle begins again in January. Unfortunately, the Service cut the party short in the world of R&D tax credits with its issuance of a new memorandum. This memorandum, published by the Internal Revenue Service Office of Chief Counsel on October 15^th, issued new guidance regarding what required information a taxpayer must now include in its claim for an R&D tax credit.

It’s not too late to take advantage of Germany’s new research and development (R&D) tax credit. This credit was introduced in January 2020 and is worth up to EUR 1 million per tax year. The best part?  If the credit exceeds your tax liability, the excess is fully refundable. This means that the German government will refund all or a portion of the credit back to you in cash. The German authorities are giving taxpayers four years to file their R&D claims. So, even if you have already filed your 2020 tax return, or do not have time this year to get started on it, you can still benefit through 2024. It’s not too late, but don’t wait too long to file!