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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 />

If your<br />

brand is not<br />

reflecting<br />

who you<br />

really are,<br />

let’s talk.<br />

A common-sense approach<br />

to building your brand and<br />

telling your story.<br />

Since forever.<br />

vicki@dugmorejones.co.nz

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