SR&ED and Contemporaneous Documentation
The SR&ED (Scientific Research and Experimental Development) policy in Canada advises that taxpayers claiming tax incentives for R&D activities maintain “contemporaneous documentation.” This refers to keeping detailed, accurate, and up-to-date records to support claims made for eligible R&D activities. The purpose of contemporaneous documentation is to ensure that the activities are clearly linked to qualifying R&D and meet the criteria set out by the Canada Revenue Agency (CRA). However, CRA policy and case law also indicate that contemporaneous documentation is not always a requirement.
Key Points about Contemporaneous Documentation in the Context of SR&ED Policy
Timing: Documentation must be created and maintained at the time the work is being conducted or shortly thereafter. This ensures that records are a true reflection of the R&D work, rather than reconstructed later.
Nature of Documentation: This includes records like:
o Project plans, timelines, and descriptions of the R&D activities.
o Detailed technical documentation, such as experimental designs, testing procedures, and technical problem-solving processes.
o Financial records (e.g., timesheets, invoices) for costs incurred during the R&D.
o Correspondence or internal notes that show the decision-making process.
Type of Work: The documentation should show that the work meets the criteria for eligible R&D activities, which involve the systematic investigation or experimentation aimed at achieving scientific or technological advancements.
Supporting Evidence: The CRA expects that claims are supported by clear evidence that the activities were done in line with R&D objectives and the methods were appropriate. This means detailed documentation of hypotheses, experiments, results, and challenges faced.
Avoiding Retroactive Documentation: Retroactive documentation—where records are created after the fact to support claims—will not be accepted as sufficient evidence.
But what if your Documentation is Lacking?
The key factor to the requirement for contemporaneous documentation is that it is documentation created during the work a taxpayer subsequently submits as eligible for SR&ED tax credits. However, many Canadian businesses do not know the SR&ED program exists. In the normal course, an SR&ED consultant will approach a company advising of potential eligibility for SR&ED tax credits. The ideal consultant will review projects completed by the claimant in the respective tax year to determine if the work carried out may be eligible. In this case, there may be a lack of contemporaneous documentation because the taxpayer did not carry out the work with the SR&ED program in mind. Accordingly, the CRA’s SR&ED policy accounts for this.
The CRA recognizes that, particularly among small companies, it is not
always easy to maintain documentation. That is why Appendix 2 in the
T4088 – Guide to Form T661 gives many examples of evidence that can
support the SR&ED work claimed and can be used to ensure that claimants
maintain adequate support for their SR&ED. This table indicates that paper
documentation is not the only sort of evidence that can support an SR&ED
claim…The RTA does not just look at the physical evidence provided, but
also interviews personnel who did the claimed SR&ED work to obtain
information about what was done and to help establish the claimant’s
business context…
Abeilles Service de Conditionnement Inc. v. The Queen, 2014 TCC 313 (CanLII)
Furthermore, as per the Tax Court of Canada in the decision of Abeilles Service de Conditionnement Inc. v. The Queen, 2014 TCC 313 (CanLII), at paragraph 94, “the existence of contemporaneous documentation, or contemporaneous documents with specific content, is not a condition to the recognition of scientific research or experimental development…”
How SpenceDrake Tax Law Can Help
At SpenceDrake Tax Law, our Tax Lawyers assist taxpayers with defending their SR&ED claims. If you require assistance contact us today for a consultation.
SpenceDrake Tax Lawyers
Disclaimer
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