demystifying sred and other tax tips for entrepreneurs - mars best practices
DESCRIPTION
It’s tax time again, but MaRS Best Practices series has great news for startups and entrepreneurs! There is a wide range of business incentives available to offset various expenses incurred by entrepreneurial companies, from startups to established companies exporting products or services. In this session, Welch’s Business Incentives leader, Terry Lavineway, will describe the process that entrepreneurs should employ when identifying and leveraging these incentives and an approach that can maximize access to this source of capital. He will provide detailed information on some of the more significant incentives available, including scientific research and experimental development (SRED) and digital media refundable credits. Additionally, Bryan Haralovich, Welch’s Technology Service Sector leader, will provide an overview of the income tax compliance requirements imposed on entrepreneurs. This includes what must be filed, the timing of filings and the information required to complete the filings. He will address tax tips such as corporate structure, shareholder planning, international tax considerations and exit planning.TRANSCRIPT
DEMYSTIFYING SR&ED and Other Tax Tips for
Entrepreneurs
A MaRS Presentation
What we will cover today…
• Income Tax Compliance Considera2ons – Filing requirements and compliance informa2on
– Corporate vs. personal
– Planning opportuni2es/considera2ons
– Exit considera2ons
• Business Incen2ves – What You Need to Know
– SR&ED overview
– Digital Media
– Other Incen2ves
– Stacking
• How Welch Can Help
• Corporate Income Tax Returns
– Annual income tax return due 6 months aOer year end
– Tax owing 2 or 3 months aOer year end
– Installments may be required
– First year cannot exceed 53 weeks
– Can change year end for business purposes
• Payroll remiUances – due 15th of the month following payroll remiUance
• T4’s due February 28th
• HST/GST – due 3 months aOer year end for annual filers
• Personal Income Tax Returns – due April 30th
Filing Requirements
Tax Rates, Credits & Calculations
Federal Individual Tax Rates and Brackets
2013 2012
First bracket [15%] $0 -‐ $43,561 $0 -‐ $42,707
Second bracket [22%] $43,562 -‐ $87,123 $42,708 -‐ $85,414
Third bracket [26%] $87,124 -‐ $135,054 $85,415 -‐ $132,406
Fourth bracket [29%] $135,055 -‐ up $132,407 -‐ up
Tax Rates, Credits & Calculations
Combined Federal and Provincial Top Marginal Tax Rates for 2013 Province
Salary and Interest
Capital Gains
Non-eligible Dividends
Eligible Dividends
Newfoundland 42.30% 21.15% 29.96% 22.47% Nova Scotia 50.00% 25.00% 36.21% 36.06% Prince Edward Island 47.37% 23.69% 38.56% 28.7% New Brunswick 45.07% 22.54% 33.05% 24.91% Quebec 49.97% 24.99% 38.54% 35.22% Ontario 46.41% 23.21% 32.57% 29.54% Ontario (1) 49.53% 24.76% 36.47% 33.85% Manitoba 46.4% 23.2% 39.15% 32.26% Saskatchewan 44.0% 22.0% 33.33% 24.81% Alberta 39.0% 19.5% 27.71% 19.29% British Columbia 43.7% 21.85% 33.71% 25.78% Yukon (2) 42.4% 21.2% 30.41% 15.93 to 19.29% Nunavut 40.5% 20.25% 28.96% 27.56% Northwest Territories 43.05% 21.53% 29.65% 22.81%
Tax Rates, Credits & Calculations
Combined Federal and Provincial Corporate Tax Rates for 2013 Ac2ve Income
Manufacturing Income
Small Business < $500,000
Investment Income (8)
Federal 15.00% 15.00% 11.00% 34.67% Province Newfoundland 29.00% 20.00% 15.00% 48.67% Nova ScoSa (1) 31.00% 31.00% 14.50%/27.00% 50.67% Prince Edward Island (2) 31.00% 31.00% 14.64% 50.67% New Brunswick (3) 26.01% 26.01% 15.50% 45.67% Quebec 26.90% 26.90% 19.00% 46.57% Ontario(4) 26.50% 25.00% 15.50% 46.17% Manitoba (5) 27.00% 27.00% 11.00%/23.00% 46.67% Saskatchewan 27.00% 25.00% 13.00% 46.67% Alberta 25.00% 25.00% 14.00% 44.67% BriSsh Columbia (6) 25.75% 25.75% 13.50% 45.42% Yukon (7) 30.00% 17.50% 13.50%/15.00% 49.67% Nunavut 27.00% 27.00% 15.00% 46.67% Northwest Territories 26.50% 26.50% 15.00% 46.17%
Tracking Your Financial Transactions
• Types of expenses and revenue – G/L set-‐up (accounts, prior year, budget)
– Project/product grouping
– Revenue by province/state/country • Frequency of recording • Financial report set-‐up • Accrual vs cash basis accounSng • Competency of preparer • Maintain receipts/supporSng
documentaSon in structured approach • Ensure informaSon is relevant and Smely
to assist with business monitoring and acSons (must have a basis for comparison)
• Management review/accountability review process
Tracking Your Business
• AccounSng Soaware – Several soaware packages available
– User friendly
– Keeps records up-‐to-‐date
– Compiles informaSon into reports easily
analyzed
– MulS-‐currency, mulS-‐ledgers, order
entry, A/R, purchase order, A/P,
inventory, payroll, project cosSng, Sme
tracking, data/user limits
Personal vs. Business
• General rule is expenses are deducSble to the extent they were incurred to generate business income
• Business expenses incurred personally should be charged to the company (e.g. via an expense report)
• Car allowance
Corporate Structure – Tax Considerations
Canadian Controlled Private CorporaSon (CCPC)
Company prospecSve • Eligible for 35% refundable tax credit on 1st $3M • Eligible for 10% Ontario refundable tax credit on
1st $3M • Lower corporate tax on taxable income up to
$500k Founder/employee prospecSve • Founder/employee may be eligible for $800k
capital gains exempSon • Stock opSons not taxed unSl shares sold • PotenSal RRSP eligibility Note, the above is subject to restric2ons and rules are
subject to change. Seek professional advice before proceeding.
Non CCPC Company prospecSve • 15% non-‐refundable federal tax credit • eligible for 10% Ontario refundable tax
credit on 1st $3M • High corporate tax rate on all income Founder/employee prospecSve • No $800k capital gains exempSon • Stock opSons may be taxed when
exercised
U.S. Tax Compliance
• Compliance at federal and state level
• Corporate returns due 15th of 3rd month following year end (extensions can be filed)
• Separate returns for each state • Sales and use tax requirements • Branch vs corporate tax filing • Withholding tax • Transfer pricing
International Tax Considerations
• Establish structures to facilitate investment from foreign based investors
• Consider corporate tax rates outside of Canada and ensure that the most tax efficient structure is in place to minimize overall tax payable. Ownership of intellectual property (IP) is central to creaSon of efficient tax structure. Other consideraSons include:
• Rules are complex and vary by region • Expensive to set-‐up and maintain • Need to consider impact on future acquisiSons or sale of company • Should be considered before any substanSal IP value is created to minimize
capital gains on transfer from Canada. • Monitor level of business in foreign jurisdicSons and set up appropriate
structures to avoid unintended tax results in foreign jurisdicSons
Planning Opportunities/Considerations
• Income splijng • Dividends • Salary • Holdco or Trust
• Maximize interest deducSbility – use cash to pay down non-‐deducSble loans
• Shareholder remuneraSon
Exit Planning
• Due diligence consideraSons • Be compliant – beware of tax escrowed
funds • Accessible corporate records
• Shareholder tax minimizaSon • Share sale – capital gains exempSon • Asset sale – dividend, deferrals • Use of Holdco and Family Trust
Other Considerations
Employee vs Independent Contractor • No hard and fast rules, just guidelines • Guidelines include:
• Receive no employee benefits; • You provide services to more than one company; • You use your own equipment; • Work at home; • Work on your own with no supervision.
• Benefit of independent contractor includes wider scope for tax deducSons, however, loose rights to EI, employer health and other benefits
• Onus is on the company to pay previous withholding if the individual is assessed as an employee (employer & employee porSon).
• Stock opSons received by independent contractors included in income of the contractor in year the opSons are granted
Advisor Perspective
• Build a team of experienced advisors that you feel comfortable communicaSng with
• Leverage your advisors experiences through conSnuous updates/communicaSon
Improving Cash Flow via Government Incentives
Government Incentives Strategy
• Consider the following with respect to government incenSves:
Are you maximizing government assistance via tax credits, grants, loans and rebates?
Are you reasonably certain that you will receive the incenSve?
Do you know the Sming of the assistance? Is it predictable?
Maximizing Access to Government
• There are countless government incenSves out there (federally, provincially, & municipally)
• Companies are missing out on opportuniSes to leverage government money
• Most companies don’t have the Sme/resources to pursue all the incenSve opportuniSes
Holistic Approach
• Overview of the business Recent past Plans for the future
• Overlay landscape of incenSves IdenSficaSon of where government
assistance is possible Reduce possibiliSes where:
• Net benefit of the possible assistance < (internal + external costs to prepare/apply and report/defend)
• Incorporate necessary documentaSon &
evidence preparaSon into exisSng business processes
Full Entitlement
What can you claim? MisconcepSons and misinformaSon
• Can’t claim SR&ED because a customer paid for it • Can’t claim OIDMTC because we contracted out most of the soaware
development • Claiming costs outside eligible jurisdicSons
Know the rules for each respecSve incenSve – or ask for help • Tax credits – legislaSon defines what is eligible but not always clear • DiscreSonary incenSves – guidance is oaen vague and at Smes, somewhat
flexible Stacking
• What are the restricSons amongst the incenSves – how much government assistance is possible?
• E.g. does a grant impact an SR&ED claim? Does a loan? Does an equity investment?
Certainty of the Outcome
• Tax credits: When are you confident that the
outcome of the claim will be as expected?
• Different processes for different tax credits: SR&ED vs. OIDMTC
• DiscreSonary incenSves Very compeSSve landscape for
discreSonary incenSves: free or very cheap money.
Need to examine the risk-‐reward Pre-‐approval required
Timing Considerations
• Tax credits: Is the credit claimed on a current tax return or an amendment? Are there other tax issues in existence which would affect the Sming & resoluSon of
the tax credits? • Different processes for different tax credits: SR&ED vs. OIDMTC
• Discre2onary incen2ves How far in advance is pre-‐approval required prior to launching the project/iniSaSve? How long aaer the expense is incurred will the reimbursement be issued?
SR&ED Recent Events
• Legisla2ve changes Decreased claim amounts:
Overhead calculaSon 65%-‐>60%-‐>55%
Subcontractors 100%-‐>80%
Capital no longer eligible • “Administra2ve” changes
More audits and (someSmes onerous) requests for addiSonal informaSon
More pressure on SR&ED-‐specific evidence
OIDMTC Specifics
• Cri2cal fundamentals: 90%+ of the product must be
developed in Ontario by a single corporaSon
Cannot be primarily to promote your company/products or another company/product
• Winds of change Recommended to Ministry of
Finance to relax the 90% rule Rumours that access to the credit
might be restricted: company size, industry for example
Resources
• Websites: www.fundica.com www.concierge.portal.gc.ca www.thefundingportal.com
• Welch LLP
Final Points
• Significant amounts of government assistance are available Provincially, federally &
internaSonally • Know the rules and/or get help • Look for the best net results • PLAN AHEAD
How We Can Help
• Regional firm with global resources to serve clients • Business like in our approach • 12 offices & 260 staff • Cost structure aligned with entrepreneurs and their businesses
• Extensive experience providing assurance, tax, corporate finance and advisory services
• Government Incentives – SRED, Digital Media, etc preparation/support • Corporate Structure • Accounting advice • Personal tax planning • Financial Statement Audits • Business planning advice, valuations • Cash flow management • Operational improvements and efficiencies • Access to contacts • & much more
Q&A
Bryan Haralovich, CPA, CA, CPA (Illinois) Partner, Welch LLP [email protected] www.welchllp.com Twitter:@CAHaralovich http://linkd.in/1ioTtbp
Terry Lavineway, B.Admin, B.Sc.CS Director, Business Incentives, Welch LLP [email protected] www.welchllp.com Twitter:@terryl99 http://ca.linkedin.com/in/terrylavineway