Waikato Business News June/July 2018
Waikato Business News has for a quarter of a century been the voice of the region’s business community, a business community with a very real commitment to innovation and an ethos of co-operation.
Waikato Business News has for a quarter of a century been the voice of the region’s business community, a business community with a very real commitment to innovation and an ethos of co-operation.
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WAIKATO BUSINESS NEWS <strong>June</strong>/<strong>July</strong> <strong>2018</strong><br />
43<br />
Proposed Research and<br />
Development Tax Credits<br />
The Labour-led Government recently<br />
released the Research and Development<br />
Tax Incentive Discussion Document –<br />
“Fuelling Innovation to Transform our<br />
Economy”.<br />
The discussion document<br />
proposes a 12.5<br />
percent research and<br />
development (R&D) tax credit<br />
on eligible expenditure for all<br />
businesses carrying out R&D<br />
activity in New Zealand from<br />
April 1, 2019.<br />
The Government believes<br />
R&D is key in their vision of<br />
building a better New Zealand<br />
through creating a diverse,<br />
sustainable and productive<br />
economy. R&D expenditure by<br />
businesses in New Zealand is<br />
currently 0.64 percent of GPD<br />
– compared with the OECD<br />
average of 1.65 percent. The<br />
Government has affirmed its<br />
commitment to encouraging<br />
R&D expenditure (with the<br />
goal being 2 percent of GDP<br />
over the next 10 years) by indicating<br />
that this proposed tax<br />
credit is likely part of a wider<br />
incentive package for R&D<br />
focussed start-ups and innovative<br />
firms to be developed over<br />
the coming years.<br />
The purpose of the<br />
amendment is to<br />
deliver a “clear,<br />
robust and practical<br />
definition of R&D<br />
for New Zealand tax<br />
purposes”.<br />
The proposed tax credit is a<br />
welcome addition to the New<br />
Zealand R&D landscape, however<br />
as with most significant<br />
changes in Government policy<br />
and subsequent amendment to<br />
legislation there will be winners<br />
and losers…<br />
The tax credit will not initially<br />
be refundable. The exact<br />
mechanics of the tax incentive<br />
will be confirmed through consultation<br />
and legislative drafting<br />
however, this means the<br />
value of the tax credit would<br />
not crystallise until a business<br />
is in a tax paying posi-<br />
tion (which may be years for<br />
an early stage R&D intensive<br />
business). This is a clear divergence<br />
from our current R&D<br />
regime which allows loss-making<br />
companies to cash-out a<br />
portion of tax losses from eligible<br />
expenditure, providing<br />
valuable cash flow to start-up<br />
companies who generally incur<br />
significant losses in the early<br />
years of business. The Discussion<br />
Document indicates<br />
the existing regime will also<br />
be reviewed and any amendments<br />
would apply after the<br />
2019/2020 income tax year (ie,<br />
the schemes will run in parallel<br />
for the first year).<br />
Further, the Growth Grants<br />
administered by Callaghan<br />
Innovation will be phased out<br />
over the next two years. This<br />
is on the basis that the new tax<br />
incentive is funding “a similar<br />
type of activity and have a<br />
similar purpose”. It is proposed<br />
that new Growth Grant applications<br />
and extension to existing<br />
grants will close on March 31,<br />
2019 and all remaining grants<br />
will cease on March 31, 2020<br />
(even if originally agreed they<br />
would extend past this date).<br />
The combination of the<br />
above could have a detrimental<br />
impact on the cash flow of<br />
R&D start-ups who may not<br />
have access to bank funding or<br />
may not want to dilute equity<br />
through equity investment.<br />
However, the Government has<br />
indicated that it will introduce<br />
changes to support R&D businesses<br />
in tax loss positions<br />
from April 2020.<br />
The proposed tax credit<br />
applies to eligible R&D expenditure<br />
over $100,000 but not<br />
exceeding $120 million which<br />
equates to a possible $15 million<br />
tax credit. All businesses,<br />
regardless of legal structure<br />
will be eligible for the credit.<br />
A new definition of “R&D”<br />
is proposed by the new rules.<br />
This may result in additional<br />
compliance costs and administration<br />
for potentially cash poor<br />
businesses. The current definition<br />
(for Growth Grants and the<br />
loss-cash out rules) is based on<br />
the financial reporting definition<br />
and is not considered suitable.<br />
The proposed definition<br />
necessitates the use of “scientific<br />
methods” and requires<br />
expenditure on R&D activities<br />
which resolve “scientific<br />
or technological uncertainty”.<br />
The purpose of the amendment<br />
is to deliver a “clear, robust and<br />
practical definition of R&D for<br />
New Zealand tax purposes”.<br />
Although the regime is<br />
intended to have a broad reach,<br />
the proposed definition is arguably<br />
too narrow which could<br />
limit the scope of eligible R&D<br />
activities. For example, the<br />
proposed definition may not<br />
suit software/ app development<br />
because it does not involve<br />
traditional scientific methods,<br />
does not necessarily solve<br />
uncertainty (ie. they are more<br />
targeted at a specific creation<br />
or result) or address a material<br />
problem. The definition needs<br />
to be clear and comprehensive<br />
so businesses are easily able to<br />
understand whether they can<br />
apply it or not.<br />
Two approaches for<br />
determining eligible<br />
expenditure are being<br />
considered:<br />
1. The direct R&D labour cost<br />
approach where the claim<br />
is limited to the labour cost<br />
of staff performing R&D<br />
activities, or<br />
2. A broader approach capturing<br />
both direct and indirect<br />
R&D costs (including salary/wages,<br />
depreciation on<br />
tangible property used in<br />
conducting R&D, materials,<br />
and other costs incurred<br />
indirectly as a result of<br />
R&D activities). Additionally,<br />
some expenditure will<br />
be specifically excluded,<br />
for example, interest, donations,<br />
and depreciation<br />
during the period on an<br />
asset that is not being used<br />
to carry out R&D activities.<br />
Arguably, the new regime<br />
shifts Government support<br />
from start-ups to profit making<br />
medium to large businesses<br />
(with potentially the largest<br />
impact on GDP?). Profit making,<br />
medium size businesses<br />
will benefit from the change<br />
as Growth Grant Funding is<br />
limited to $5m compared with<br />
a $15m maximum tax credit.<br />
However, it is likely that the<br />
most significant benefit is for<br />
New Zealand’s large corporations<br />
as there have been suggestions<br />
that the cap could be<br />
extended with Ministerial discretion<br />
or pre-registration of<br />
large claims.<br />
Ultimately, the tax credit<br />
should stimulate investment in<br />
innovation – especially given<br />
the Government have indicated<br />
that the incentive will not stand<br />
alone and the Tax Working<br />
Group will continue to examine<br />
the New Zealand tax system<br />
to ensure structure, balance<br />
and fairness of our tax system.<br />
Profit making medium and<br />
TAXATION AND THE LAW<br />
> BY HAYDEN FARROW<br />
large businesses are likely to<br />
be better off, but our emerging<br />
innovative businesses will have<br />
to wait for further announcements<br />
to see how they will be<br />
effected.<br />
The comments in this article<br />
of a general nature and should<br />
not be relied on for specific<br />
cases. Taxpayers should seek<br />
specific advice.<br />
Hayden Farrow is a PwC Executive Director based in the<br />
<strong>Waikato</strong> office. Email: hayden.d.farrow@nz.pwc.com<br />
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