ENTAX attended a Canada Revenue Agency (CRA) SR&ED technical workshop in September 2018 focused on the Information and Communications Technology (ICT) sector. The session provided critical guidance on SR&ED eligibility for software companies.
Key Statistics
In 2017, approximately $2.7 billion in Investment Tax Credits (ITCs) were distributed across Canada. Within the Pacific Region, 56% of ITCs went to the ICT sector, demonstrating the significant role of technology companies in Canada's SR&ED program.
Common Misconceptions
The CRA identified a troubling trend: many ICT companies conflate routine product development and business innovation with eligible SR&ED work. Companies frequently mistake new business models, custom development, or general "innovation" as qualifying activities.
Critical Takeaways
Business Goals Don't Equal SR&ED Intent
"Business goals (e.g. better user retention, platform monetization) do not demonstrate or communicate a SR&ED intent," the CRA clarified. However, technological objectives may be extractable from business goals if their technical implications are articulated clearly.
Technology is Knowledge, Not Products
SR&ED eligibility cannot be proven merely by delivering a finished product or service. Instead, it manifests through "the collection of skills, methods, and processes you invent or enhance" during development.
All Five Eligibility Questions Must Be Answered Affirmatively
The CRA's standardized five-question methodology is mandatory for all evaluations. Not all systematic work qualifies as SR&ED.
Establishing the Technological Knowledge Base is Critical
Companies must clearly identify what technical knowledge existed before their project began. Leveraging publicly available resources, open-source frameworks, Stack Overflow solutions, or commercial off-the-shelf components without modification does not constitute SR&ED.
Document Technological Limitations
Teams must clearly articulate the shortcomings and limitations of existing technologies and correlate these back to the established knowledge base through documentation.
Technical Training is Not SR&ED
Professional development addressing competency gaps or determining what's possible within a field does not qualify as eligible work, even though technically competent professionals contribute to the knowledge base.
Support Work Becomes Eligible
Once technological uncertainties are identified, subsequent work "commensurate with the needs and directly in support of" SR&ED becomes claimable, even if that work would otherwise be ineligible.
Repeated Failures Indicate Potential SR&ED
"Repeated failures and abandoned approaches are typical indicators of potentially eligible SR&ED work." Similarly, struggling to balance technological tradeoffs — such as performance versus computational efficiency — often signals SR&ED activity.
Time Tracking Requirements
The CRA requires some form of time tracking but doesn't mandate specific tools. Alternatives like story points are acceptable if applied consistently.
Blockchain Example Available
The CRA provided a blockchain project example demonstrating how to structure submissions for cryptocurrency, bitcoin, or distributed ledger technologies. Contact us if you'd like to discuss how this applies to your project.