11 September 1990 Income Tax Severed Letter ACC9664 - Scientific Research and Experimental Development

Please note that the following document, although believed to be correct at the time of issue, may not represent the current position of the CRA.
Prenez note que ce document, bien qu'exact au moment émis, peut ne pas représenter la position actuelle de l'ARC.

901298
                                                  C.R. Bowen
                                                  (613) 957-2096

Dear Sirs: Re: Scientific Research and Exnerimental Development ("SR & ED")

We are writing in reply to your letter of June 15, 1990, wherein you requested our comments on I) the deductibility of SR & ED expenses under paragraph 18(1) (a) of the Income Tax Act (the "Act") and 2) the availability of investment tax credit ("ITC") to a company performing SR & ED activities on behalf of another taxpayer.

Your Questions

1.        Where a limited partnership carries on SR & ED activities
          and chooses to deduct the expenses under paragraph 18(1)(a)
          of the Act, rather than subsection 37(1) of the Act,
          will the restriction on the deductibility of SR & ED
          expenses provided for in paragraph 96(1)(g) of the Act be
          applicable?

2.        Where a limited partnership, which chooses to deduct its
          SRD expenditures under paragraph 18(1)(a) of the Act,
          has entered into an agreement with a company under which
          the company will carry on SR & ED activities on behalf of
          the partnership, will that company be entitled to ITC on
          such SR & ED expenditures?

Our Comments

While we are unable to provide confirmation of the income tax effects of the particular fact situations outlined in your letter, we can offer the following general comments related to the deductibility of SR & ED expenditures under paragraph 18(1) (a) of the Act and ITC available to the performer of SR & ED.

1.        Although we recognize that in accordance with generally 
          accepted accounting principles certain amounts expended
          en SR & ED activities will be permitted as a deduction in
          the year incurred for accounting purposes, it is our
          opinion that those SR & ED expenditures of a taxpayer which
          are described and provided for in section 37 of the Act
          must deducted for income tax purposes in accordance with
          that section or not at all.  Such amounts deducted under
          section 37 of the Act by a partnership in calculating its
          income will be subject to the restriction in paragraph
          96(l)(g) of the Act.  Should the amounts expended by a
          taxpayer on research and development activities not be
          described in section 37 of the Act, then those expenses
          will be deductible for income tax purposes only to the
          extent that they are permitted under section 9 of the Act
          and are not contrary to other provisions of the Act, such
          as paragraphs 18(l) (a) and (b) of the Act.  Such
          expenses allowed to be deducted by a partnership in     
          calculating its income would not be subject to the      
          restriction in paragraph 96(l)(g) of the Act.

2.        In order for a company performing SR & ED activities (the 
          "Performer") on behalf of another taxpayer to have a    
          "qualified expenditure" (as defined in subsection 127(9)
          of the Act) eligible for ITC, the expenditure must be
          "related to a business" of the taxpayer.  In many cases,
          this requirement would not be met unless the Performer
          was a sole-purpose SR & ED company described in paragraph
          37(7)(e) of the Act.  Where an amount expended by a
          Performer meets the definition of qualified expenditure,
          paragraph 127(ll.l)(c) of the Act reduces such amount
          eligible for ITC by, inter alia, the amount of any
          contract payment which the Performer has received, is
          entitled to receive or can reasonably be expected to
          receive in respect of that expenditure made by the
          Performer.  Contract payments of the Performer will
          include any amount payable by a person resident in Canada
          for SR & ED related to the business of that person
          regardless of whether the person has deducted the amount
          of the expenditure  under section 37 of the Act or has
          chosen not to deduct the amount at all.

These comments represent our opinion of the law as it applies generally. As indicated in paragraph 24 of Information Circular 70-6R dated December 18, 1978, this opinion is not a ruling and accordingly, it is not binding on Revenue Canada, Taxation.

We trust these comments will be of assistance.

Yours truly,

for Director Business and General Division Rulings Directorate Legislative and Intergovernmental Affairs Branch