The Scientific Research and Experimental Development (SR&ED) Program is a federal tax incentive program designed to encourage Canadian businesses of all sizes and in all sectors to conduct research and development (R&D) in Canada.

The SR&ED program seeks to foster research and development leading to advances in technology by Canadian companies. The goal of the program is to compel Canada’s economic development including the creation of innovation in the Canadian market place.

Many of the world’s successful economies offer similar tax incentive programs but Canada’s is one of the most generous with approximately $4 Billion provided to more than 20,000 claimants annually. Canadian companies that successfully claim SR&ED tax credits are able to recoup a substantial portion of their R&D expenditures.

To qualify for SR&ED tax incentives, companies must perform work in Canada that is either basic research, applied research or experimental development. For most companies, SR&ED takes the form of experimental development.


CrossDynamix offers the following SR&ED services. We can file your SR&ED on a risk free basis. There is no cost to you if your SR&ED claim is unsuccessful. Contact us for a free consultation.

From claim scoping to submission to CRA, CrossDynamix will handle the complete SR&ED claim process.

We have successfully defended hundreds of CRA audits. If you require assistance contact us for a free consultation.

The first step to disputing the outcome of a CRA Audit of your SR&ED claim is filing a Notice of Objection.

If your Notice of Objection is unsuccessful CrossDynamix can facilitate appeals to the Tax Court of Canada and on a cost-effective basis.

CrossDynamix can review your current SR&ED tracking process and advise on best practices to ensure CRA has confidence in your SR&ED claims.

Supporting documentation is one of the most critical aspects of an SR&ED claim. CrossDynamix can advise on the standard required to satisfy CRA auditors.

Our experts have drafted hundreds of SR&ED project descriptions. Our approach will help CRA recognize your SR&ED, decreasing the chance of an audit.

CrossDynamix can review your SR&ED projects and advise as to eligibility and the necessary changes to comply with CRA requirements.

CrossDynamix can draft or review your SR&ED related contracts to ensure they meet the necessary legislative and CRA policy requirements.

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You will save up to 50% on SR&ED consulting costs because our low overhead operational model enables us to pass these savings directly on to you.

Claim Preparation

A successful SR&ED claim can result in a tax credit worth up to 68% of your R&D expenditures. Yet, many organizations feel disoriented by the increasingly complex and challenging SR&ED claims process. The sheer variety of projects, stakeholders and even time zones can make the effort overwhelming.

Canada's SR&ED program is extremely rigid in its application and extensive expertise is required. A claim is due 18 months after the filing of the corporate tax return for the respective fiscal year. Missing the deadline results in a complete denial of tax credits. Companies claiming SR&ED tax credits must also provide appropriate documentation and accurately detail and document claimed expenditures. Claims that do not meet CRA standards will be denied. Due to CRA’s stringent requirements, confusing legislation and policy, companies are routinely discouraged from participating in the program.

The CrossDynamix team has prepared and submitted hundreds of successful SR&ED claims. Our technical staff, Masters and PhDs in their fields, are adept at recognizing and documenting SR&ED.


What is SR&ED?

Scientific research and experimental development means systematic investigation or search that is carried out in a field of science or technology by means of experiment or analysis and that is

  • (a) basic research, namely, work undertaken for the advancement of scientific knowledge without a specific practical application in view,
  • (b) applied research, namely, work undertaken for the advancement of scientific knowledge with a specific practical application in view, or
  • (c) experimental development, namely, work undertaken for the purpose of achieving technological advancement for the purpose of creating new, or improving existing, materials, devices, products or processes, including incremental improvements thereto...

While the above definition may appear rigid, in the work environment SR&ED appears in many forms. In fact, many companies may not even be aware they are conducting SR&ED eligible for tax credits.

Indicators of SR&ED in Technology Companies

Performance or scalability challenges leading to new algorithms or methods -- Integration of third-party components resulting in development of middleware -- Patent applications where the underlying technology is invented or improved -- Failed prototypes requiring additional expenditures and time to resolve -- Technical problems or failures when system architecture does not perform as expected -- Interfaces to legacy applications or databases, complex data migrations -- Projects that took longer than expected or ran over budget -- Extending software to new platforms or environments.

Indicators of SR&ED in Manufacturing and Engineering Companies

Re-design of components within a system resulting in performance issues -- Failed prototypes requiring additional expenditures and time to resolve -- Patent applications where the underlying technology is invented or improved -- Projects that took longer than expected or ran over budget -- Customer trials, lab tests, or quality control tests administered by qualified personnel to determine success against technological objectives or for legislative / regulatory compliance -- Cost of raw materials, components and lab equipment used for an eligible project -- Gathering data to complete Material Safety Data Sheets (MSDS) -- Investing in automation engineering equipment.

 More information about the SR&ED Program


Outline of a standard engagement with CrossDynamix for the SR&ED program.

Technical Consultation

  • A member of our technical consultation team will contact you to arrange a site visit with members of your technical team.
  • The visit and interview takes, on average, 4 to 6 hours but may vary depending on the number of projects.
  • During our visit our technical consultants will work with you to scope your SR&ED projects. During this scoping session we will identify and document the work completed. Our experienced consultants are effective at properly identifying work that is SR&ED and ensuring you claim the tax credits your organization is eligible for.
  • The technical consultants will discuss the identified SR&ED work with your team and will gather supporting documentation when necessary.
  • The technical consultants will also interview those involved in SR&ED in order to prepare project descriptions that will be submitted to CRA as part of your SR&ED claim.
  • Finally, we will provide you with guidance on the ideal process required to optimize your future SR&ED claims.

Financial Consultation

  • One of our financial consultants will contact your financial team usually by email or telephone.
  • Our consultant will gather all of the relevant financial data that will accompany your SR&ED claim including, for example, the hours your employees were engaged in SR&ED.

Claim Submission

  • CrossDynamix will then finalize the financial and technical components which will be provided to you for confirmation and signature.
  • The signed claim and package will be submitted to CRA, usually through your accounting team or directly by CrossDynamix on your behalf.
  • The claim is tracked from submission to approval and the eventual issue of the SR&ED tax credits. If the client's SR&ED claim is reviewed by CRA CrossDynamix will prepare for and handle the review process.

Claim Processing

You can expect the CRA to finalize processing of your claim according to the following timelines:

  • Refundable claims – 120 calendar days from receipt of a complete claim
  • Non-refundable claims – 365 calendar days from receipt of a complete claim
  • Claimant-requested adjustments to refundable claims – 240 calendar days from receipt of a complete claim
  • Claimant-requested adjustments to non-refundable claims – 365 calendar days from receipt of a complete claim

As indicated above, if you are eligible for refundable tax credits, on average you will receive a cheque within 3 months from claim submission.


What is the SR&ED tax credit worth?

As you can see below, a company can recover up to 68% of R&D expenditures.

Ontario-based company (CCPC)

Before Jan 1, 2013

Jan 1 to Dec 31, 2013

After Dec 31, 2013

Qualifying Salaries and Wages

$100,000

$100,000

$100,000

Overhead (Proxy method)

$65,000

$60,000

$55,000

Total Qualifying Expenditures

$165,000

$160,000

$155,000

Refundable Federal Credit (35%)

$49,636

$48,132

$46,628

Refundable Ontario Credit (OITC) (10%)

$16,500

$16,000

$15,500

Non-refundable Ontario Credit (4.5%)

$6,683

$6,480

$6,278

Cash Refund

$66,136

$64,132

$62,128

Total Benefit

$72,819

$70,612

$68,405

Ontario-based company (non-CCPC)

Before Jan 1, 2013

Jan 1 to Dec 31, 2013

After Dec 31, 2013

Qualifying Salaries and Wages

$100,000

$100,000

$100,000

Overhead (Proxy method)

$65,000

$60,000

$55,000

Total Qualifying Expenditures

$165,000

$160,000

$155,000

Refundable Federal Credit (35%)

$28,364

$27,504 (20%)

$19,983 (15%)

Refundable Ontario Credit (OITC) (10%)

$16,500

$16,000

$15,500

Non-refundable Ontario Credit (4.5%)

$6,683

$6,480

$6,278

Cash Refund

$16,500

$16,000

$15,500

Total Benefit

$51,546

$49,984

$41,761

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We can help finance your refund in exchange for working capital by borrowing against the value of any accrued and outstanding SR&ED claims.

CRA Audit Defense

The vast majority of SR&ED claims are not audited by CRA but to ensure adherence to the SR&ED program requirements your claim may be selected for audit. Over the years the CrossDynamix team has represented claimants through hundreds of CRA audits. We have been exposed to the full gamut of CRA personnel, from the highly professional and knowledgable to the opposite. You can be sure we possess the in-depth knowledge of CRA's audit process, applicable policy and law. We will advocate on your behalf to ensure your claim is reviewed in a fair and objective manner, as you are duly entitled to per the Taxpayer's Bill of Rights.

The CrossDynamix team has unmatched expertise guiding clients through the SR&ED claim audit process. We will handle all aspects of the audit so you can focus on your business. Contact us to discuss CRA's review of your claim.


The SR&ED Audit Process

After you submit your SR&ED claim it is reviewed by CRA and may be selected for an in-depth review or audit. CRA does not have the resources to review all SR&ED claims and unfortunately some claimants and SR&ED consultants have abused the process to maximize profits. Logically, CRA has to work to ensure tax dollars are not wasted.

To do this, the CRA routinely reviews or audits a portion of SR&ED claims submitted each year. Unfortunately, in some instances, CRA policy and tax legislation are not always applied correctly by the CRA's Research and Technology Advisors (RTA) or Financial Reviewers (FR). And when CRA's incorrect or indefensible position is not effectively countered the result is the denial of otherwise valid SR&ED claims.

Once your claim is submitted to CRA it is reviewed for risk. If the CRA is convinced of the strength and validity or your claim it will be accepted as filed (AAF). If not the claim is forwarded to a local tax service office (TSO) for further review. This may be a desk review or an in-depth audit. If the claim is accepted after the desk review it is considered AAF. If it is not accepted the CRA will advise you by phone or letter that it is being audited.

Normally, you will receive a Request for Information (RFI) letter. This letter will outline what information and documentation CRA will expect you to provide to support your claim. A standard RFI may include a request for the following:

  • Details of incorporation;
  • Organizational chart;
  • Payroll records including timesheets and T4s;
  • Contracts and invoices;
  • Financial statements for the respective claim year; and
  • Projects plans, meeting minutes, test plans and results.

Following completion of the RFI, the claimant and CRA will arrange a date and time for an in-person meeting to discuss the claim. It is essential that you attend the meeting with a SR&ED expert so that the CRA is not in a position to rely on the nuances of the SR&ED criteria / policy to deny your claim.

After the meeting, the RTA or FR will outline the CRA's position in a proposal letter. Normally, you will have 30 days to respond (extensions can be granted for good reason). If you are not satisfied with the outcome of the audit and you believe CRA policy was incorrectly applied or due process was not provided you can request an Adminstrative Second Review (ASR).


The Legal Test

The RTA is mandated to review your claim to determine if it meets the criteria outlined in the Tax Court of Canada decision in Northwest Hydraulic Consultants Ltd. v. The Queen, 1998 CanLII 553 (TCC):

  1. Was there a scientific or a technological uncertainty?
  2. Did the effort involve formulating hypotheses specifically aimed at reducing or eliminating that uncertainty?
  3. Was the overall approach adopted consistent with a systematic investigation or search, including formulating and testing the hypotheses by means of experiment or analysis?
  4. Was the overall approach undertaken for the purpose of achieving a scientific or a technological advancement?
  5. Was a record of the hypotheses tested and the results kept as the work progressed?

While the above criteria may appear rigid, in the work / industrial environment they can be satisfied in many forms.


Evidence

It may be clear from the project description that your claim meets the criteria necessary to be considered SR&ED. However, that may not be enough. If you are audited you will need to demonstrate, through contemporaneous documentation and oral evidence, that the criteria are met.

The following lists types of evidence you can rely upon to support your SR&ED:

  • Project planning documents
  • Documents on design of experiments
  • Experimentation plan
  • Design documents and technical drawings
  • Project records, laboratory notebooks
  • Design, system architecture and source code (software development)
  • Records of trial runs
  • Project progress reports
  • Minutes of project meetings
  • Test protocols, data, results, analysis and conclusions
  • Final project report or professional publication
  • Photographs, videos
  • Prototypes, samples
  • Scrap, scrap records
  • Contracts, lease agreements
  • Records of resources allocated to the project, time sheets, activity records, payroll records
  • Purchase invoices and proof of payment
  • Accounting records

Our SR&ED experts have defended claimants through hundreds of CRA audits. We possess the in-depth knowledge and experience to successfully guide you through the process and we can work to settle the claim on a basis mutually agreeable to the CRA and your organization.


How We Can Help

Whether you are in the middle of an audit or CRA has notified you of a pending audit, CrossDynamix can help. We will review your claim, CRA's position, and advise you on the steps to take for a successful resolution. We will represent you at the audit meeting(s) and escalate concerns to senior CRA officials if necessary.

Relying on years of audit experience, CrossDynamix will advance your position in the best possible manner. Contact us to discuss audit representation on a risk-free basis.

 Guidelines for resolving claimant's SR&ED concerns

 Taxpayer Bill of Rights

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Notices of Objection

If you are not satisfied with the CRAs assessment of your SR&ED claim, CrossDynamix can dispute their decision by filing a Notice of Objection and subsequently also facilitate appeals to the Tax Court of Canada. Taxpayers have 90 days from the date of the corporate notice of assessment they wish to dispute to formally start the appeals process by filing a Notice of Objection with the CRA. An additional one year may be granted upon submission of an extension of time request. Normally, the CRA will grant the extension request if a taxpayer has a valid reason for missing the 90-day deadline. The extension of time application should demonstrate 1) taxpayer was unable to act or to instruct another to act in the taxpayer's name; 2) taxpayer had a bona fide intention to object to the assessment or make the request given; 3) the reasons set out in the application and the circumstances of the case; or 4) it would be just and equitable to grant the application, and the application was made as soon as circumstances permitted. If the CRA denies the extension request, an application can be made to the Tax Court of Canada to overturn the CRA's decision.

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Tax Court Appeals

CrossDynamix can review your denied SR&ED claim and advise on the likelihood of success in Tax Court. If we believe you have the evidence to prove SR&ED then we will work with our partnered Tax Law firm to advance your appeal, on a cost-effective basis.

Once a valid Notice of Objection has been filed, a taxpayer can choose to continue the objection process to completion. However, the taxpayer can also choose to initiate an appeal to the Tax Court of Canada 90 days after the objection has been filed. CRA is extremely delayed in the processing of objections, therefore an appeal can speed up the dispute resolution process. Of course, if the taxpayer chooses to complete the objection process and a notice of reassessment or confirmation is issued, and the matter is not resolved satisfactorily, the appeal process can continue to the Tax Court of Canada.

CrossDynamix can facilitate SR&ED appeals to the Tax Court of Canada. Similar to the objection process, the taxpayer has 90 days from the notice of reassessment or confirmation, issued following the completion of the objection, to appeal (as mentioned, an appeal can be filed 90 days following the filing of the objection). An extension of time application can also be made to the Tax Court of Canada within one year following the date of the notice of reassessment or confirmation.

The general steps in a Tax Court appeal are as follows:

  • File the Notice of Appeal by uploading the appeal document to the Tax Court of Canada website. There is a nominal filing fee depending on the amount at issue. The Tax Court Registrar will serve the appeal upon CRA.
  • The Department of Justice (DOJ), 60 days from service, will respond with a written Reply to the appeal on behalf of CRA.
  • You can choose to file an Answer to the Reply within 30 days from the date of the Reply, if necessary. At the end of these initial steps the pleadings stage of the appeal has ended.
  • Next, our Tax Lawyers and DOJ will agree on a timetable for the remaining steps, including:
    • List of Documents;
    • Examinations for Discovery;
    • Undertakings from Discovery;
    • Notify the court of settlement discussions or schedule a Trial date; and
    • Trial.

The above steps are mandated for a general procedure appeal, when the amount at issue is greater than $25,000. If the amount, per tax year, is less than $25,000 you can appeal to the Tax Court through the informal procedure. As a result the preceding steps are not mandated.

CrossDynamix is an industry leader in filing and defending SR&ED claims as well as appealing the CRA's SR&ED assessments. We will review your SR&ED assessment and help you dispute CRA's decision.

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Process Improvement & Documentation Management

Utilizing our vast experience in SR&ED we are able to expertly advise your organization on the proper record keeping and documentary requirements to ensure you have the necessary evidence to support your claim. CrossDynamix can also review your previous claims to identify gaps and provide guidance on optimizing future claims.

Example supporting financial and technical documentary evidence includes:

  • Project planning documents
  • Documents on design of experiments
  • Experimentation plan
  • Design documents and technical drawings
  • Project records, laboratory notebooks
  • Design, system architecture and source code (software development)
  • Records of trial runs
  • Project progress reports
  • Minutes of project meetings
  • Test protocols, data, results, analysis and conclusions
  • Final project report or professional publication
  • Photographs, videos
  • Prototypes, samples
  • Scrap, scrap records
  • Contracts, lease agreements
  • Records of resources allocated to the project, time sheets, activity records, payroll records
  • Purchase invoices and proof of payment
  • Accounting records

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Project Descriptions

The CrossDynamix team has reviewed and drafted thousands of SR&ED project descriptions. To lessen the chance of an audit and ensure your SR&ED is properly presented we can review your work and accurately draft your project descriptions.

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Project Eligibility Review & Compliance

CrossDynamix can review your projects to determine qualification for SR&ED tax credits. We are expert at advising on the steps claimants must take to lessen the chance of a CRA audit.

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SR&ED Contracts

Are you contracting out your SR&ED but still want to claim the tax credits? Have you been contracted to perform SR&ED and the contractor has agreed that you retain the intellectual property? Either way your claim for SR&ED credits will be denied if the written contract is not properly worded. CrossDynamix can advise you on the required contract structure and language to effectively evidence the intention of the contracting parties.

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CrossDynamix is an industry leader in filing and defending SR&ED claims. We will review your projects and help you file a strategic claim.

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Call us at 1 (416) 725-6813 or   CONTACT US