Tax Incentives Blog

Even in crisis, there is wrongdoing. This is an unfortunate truth in the world, and the COVID-19 pandemic is no exception. Since the beginning of the health crisis in 2020, the world has faced numerous negative impacts related to health, education, and the economy. Here in the United States, to minimize the impact to the economy, the Federal government passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Specifically, this new law sought to provide emergency financial assistance to help millions of impacted small businesses and American families get back on their feet, as well as stimulate the economy. Although created with good intentions, these relief packages and economic aid tools brought about individuals and businesses who took advantage, initiating pandemic fraud activity.

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.

A new court opinion issued by the U.S. Tax Court emphasizes the importance of contract review for the analysis and substantiation of an R&D tax credit claim. The opinion alludes to additional requirements to demonstrate a taxpayer's economic risk when conducting research. Moreover, the court points to precedence to emphasize that terms and conditions within any contract agreement are most important, and no implications or assumptions should be needed or considered to substantiate a credit claim.

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.

March 27^th, 2022, marks the second anniversary of the Coronavirus Aid, Relief and Economic Security Act (CARES Act), the $2.2 trillion economic stimulus bill that authorized the Employee Retention Credit (“ERC”). The ERC is a refundable payroll tax credit based on wages paid to employees at organizations that either (1) have been fully or partially shut down due to a government order OR (2) had gross receipts decline a certain percentage relative to gross receipts in the same calendar quarter of 2019.

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.