29 June 2008

Does the R&D Tax Concession Create Additionality?

by Ian Ross-Gowan, Manager, Michael Johnson Associates

Within the National Innovation Review the need for additionality has been mentioned quite frequently. The objectives of the R&D tax concession are:

To provide a tax incentive, in the form of a deduction, to encourage research and development activities in Australia and make eligible companies more internationally competitive by:
(a) encouraging the development by eligible companies of innovative products, processes and services; and
(b) increasing investment by eligible companies in defined research and development activities; and
(c) promoting the technological advancement of eligible companies through a focus on innovation or high technical risk in defined research and development activities; and
(d) encouraging the use by eligible companies of strategic research and development planning; and
(e) creating an environment that is conducive to increased commercialisation of new processes and product technologies developed by eligible companies.
(Income Tax Assessment Act 1936 s73B(1AAA))


In other words, the concession’s objective is to encourage, increase and promote additional technological advancement in Australia. It is also intended to create an environment to aid additional commercialisation of that advancement.

The Layman's Argument
At the layman’s level it is argued that most of the R&D tax concession that is claimed by businesses would have occurred anyway. If this is so then most claims are not achieving the objectives sought from the concession. However, is it true that little additionality is occurring? Are companies doing more research and development and are they commercialising more of this as a result of the concession?

The answer from my experience is yes – additionality is occurring as a result of the R&D tax concession. Sure, many projects that are claimed would have been done. However, not all and those that would probably would not have been done in the same way.

R&D projects may have done on tighter budgets
This would reduce the scale as well as the impact or the level of innovation included in the project. This would result in outcomes that are less driven by innovation or high levels of technical risk. They also may have lower levels of commercial success and shorter lives, and fruitful areas of investigation may not have been pursued due to resource constraints.

R&D projects may not have been done as timely or as regularly
Every business has limited resources to apply to future developments and commercialise them. Many businesses will factor the potential high cost of innovation or technical risk into their decisions about when to go ahead with a project. The concession allows a partial offset of these costs and risks. This offset is generally delivered at a time when the returns from the development are not yet there. Many businesses will factor the R&D tax concession (but not the premium) into their decisions. This increases their resources allowing them to do more development quicker and influences resource allocation.

R&D projects may not be done in Australia
Australia competes on a world stage. Increasingly, businesses are choosing where in the world to do their R&D and where that should be commercialised. The Australian economy is competing with other economies that are aggressively seeking R&D and commercialisation within their economies. Whilst initial R&D can be done anywhere with appropriate research resources, it is the commercialisation of this that provides the benefits beyond the spillover effects of the R&D itself. If new Australian R&D is commercialised overseas then future R&D on that development will probably be done where it is commercialised. This is key.

The Federal Department of Industry, Tourism and Resources released OECD studies of Behavioural Additionality from the R&D Start program and the R&D tax concession in 2006 and 2007 respectively. In both cases they found that not only was there direct additionality identified by participants to the benefit of the Australia economy, but that the behavioural changes from both programs had flow on effects to the businesses as well. In the case of the R&D Start review 63% said that the projects would have occurred anyway – however all the projects would have taken longer to reach fruition. Most would have been done on a smaller budget, on a smaller scale, and/or with less ambitious outcomes. For the 37% that would not have done the project this was mostly because of lack of resources to fund the project. It is important to note that this survey was done after the end of the program. As the program had already ended there is less motivation to colour results to keep the program running.

Similar results were found in the subsequent survey on the R&D tax concession. More than 70% of respondents would have had a smaller budget to do R&D. Projects would have not been done or would have been done on smaller budgets and/or at a slower pace. This would have resulted in lower outcomes, less or smaller commercialisation and less collaboration with Universities.

In addition to these direct effects both studies also found that the R&D Start and R&D Tax Concession created other additionalities. These where from the behavioural changes within the businesses. Such behavioural additionalities included:
  • Better management of technology,
  • Increased commitment to R&D,
  • Improved technology planning with flow ons to business strategy development,
  • Better product commercialisation with higher returns and future taxable income,
  • Improved collaborations and R&D networking.

In short, the R&D Tax Concession does encourage, increase and promote additionalities. Because it also focuses on commercialisation and benefits to Australia, it creates more additionalities than a focus on pure research which may not be commercialised or may be commercialised elsewhere.

28 June 2008

What is "at Risk"? ATO Proposes Ruling on s73CA ITAA 1936

Now we're getting technical.

Ever since 1990, the R&D tax concession has included a provision to reduce the concessional rate of deduction for expenditure that is not "at risk" (s73CA ITAA 1936).

Originally introduced to prevent manipulation of the R&D tax concession under the syndication program, the commissioner has started to take a broader view and has commenced consultation on a proposed ruling. Naturally, this could have an impact for companies, as many have applied the "expenditure at risk" provisions as more narrowly applying to syndication, but the Commissioner's view is (unsurprisingly) broader.

With a focus on expenditure that could "reasonably be expected to be reimbursed, recouped or recompensed" the discussion paper will be debated on its broad interpretation.

The types of situations this might cover in the ATO's opinion include reimbursements (which may operate to deny a deduction entirely) and insurance coverage, guarantees and warranties, grants etc.

A discussion paper has been prepared by the ATO.

27 June 2008

Commercial Ready News at The Australian

The Australian has two stories today that mention Commercial Ready. In the first Peter Switzer oberves that the Rudd Government was "mean" this year and that:

Innovators creating hi-tech businesses contribute to improving productivity, which drives down costs and, you guessed it, brings inflation down.

In the second, Tony Kaye talks about a former MJA client, Fluffy Spider Technologies, and their wasted effort in preparing a grant application and includes remarks from Ivan Kaye (a relation?) of BSI suggesting that:

Kaye says he has no doubt the Government will make other grants available, but instead of them being a generic Commercial Ready scheme it will focus on areas where it believes Australia has a competitive advantage.

So, where do we have a competitive advantage?
Are we back to Porter's Competitive Advantage of Nations?
Are we back to technologies that will enhance the identification and extraction of mineral resources?
Are we counting on Agricultural technolgies?

I will expand on this further when I examine some of the work CEDA has recently been doing.

20 June 2008

MYOB Survey on Commercial Ready

The latest AMR Interactive survey for MYOB specifically targets knowledge of the Commercial Ready Program. Questions cover awareness of the program ("Have you ever heard of it"), whether business owners surveyed knew it had been closed (although they used the 14 May 2008 date instead of the 28 April 2008 date) and what other impacts the Federal Budget would have on their business.

As soon as the results are published I'll let you know...

19 June 2008

Climb the Anthill and Flash the Government: Commercial Ready Protest today

James Tuckerman and the team at Australian Anthill have continued their protest on the government's snap closure of Commercial Ready, with the details to be found here.

Although our contacts in the Minister's office suggest that there probably isn't going to be any change to the decision (and our observations of AusIndustry contract renewals suggest that the entire budget is tight for the coming 12 months at least) miracles sometimes do happen.

So, get over to Anthill, FlashMob the government and see what happens!

17 June 2008

Climate Ready Briefings Starting

AusIndustry has announced that it will be holding briefing sessions on the new Climate Ready program announced in the budget.

We'll bring you further details as they come to hand.

13 June 2008

Looking for Fresh MJA R&D Tax Concession Consultants

We're looking for people who are passionate about the Australian innovation system, who want to get on and grow their career in a professional environment and work with an outstanding team of people pulling together fully compliance R&D tax concession claims.

So, if you've got an appetite for travel in Australia, want to "stretch" the muscles of your brain and generally get to hang out with and do really cool stuff, please take a look at our ad on Seek.

We'll be introducing our new recruitment page soon, but we're keen to start talking to suitable candidates we're just happy to get started...

12 June 2008

Cutler Review: The Oracle's Dilemma

Warren Buffett is known as the "Oracle of Omaha". And with good reason: the performance of Berkshire Hathaway has cemented his position as one of the world's foremost investors. He has been able to consistently create weath for shareholders by value investing and seeking out companies he can control and understands. His ability to foresee undervalued companies is unequalled.

What's this got to do with the Cutler Review?

Long before Warren Buffett there was Pythia, the Oracle of Delphi who, through prophecies guided Apollo's life. She could see the future and the past and could draw from them the lessons needed. So Oracles, whether their messages are plain or cryptic, stand in a unique position to foretell and reach into the future.

There is an element of this approach to the Cutler Review. Despite the benefits that can come from fully engaging and consulting with participants of the National Innovation System, an Oracle would probably not. Having the ability to stand outside of the pressures of time and space gives an incredible opportunity to consider the future.

We will see exactly what this means for Australia on 31 July 2008. In a few short weeks the Green Paper will have been written and we will see what Cutler and his associates consider the future to be.

But, will they have the foresight of a Delphic or Omahan Oracle?

Time, and only time, will tell.

04 June 2008

Is $10,000 per week cheap or expensive?

It has emerged that Dr Terry Cutler, who is heading the review of Australia's National Innovation System as part of the input into Innovation Policy is earning $10,000 per week, or $2,000 per day for the period of the review. The opposition, through Senator Abetz has challenged this by comparison with the $572 per day that Steve Bracks is being paid to review the automotive industry (see media release here).


It's interesting that with multiple reviews going that there is only going to be more scrutiny about how much people should be paid to conduct these reviews, whether they are "merely" facilitating or conducting a review, or whether they are acting as consultants in generating new policy options, beyond those available to the government through their own sources, or the public service.

Putting aside our gripe that although Dr Cutler is not only the leader of the Review, and the R&D Tax Working Group, he did not attend recent consultations with advisory firms in Sydney and Brisbane who work extensively in this area, what really matters here is value.

If the Review is well conducted, can identify the positive aspects of Australia's current Innovation System, identify aspects that are no longer needed or relevant and imagine future changes that will stimulate further innovation, investment and outcomes (in that order) then the costs of the Review will pale into insignificance when contrasted with the economic benefits derived.

If the Review fails to achieve those aims, or focuses exclusively on generating "new, fresh" approaches to the exclusion of what is (and has been) working, then that is a failure and a very expensive process.

Any other views?


03 June 2008

But isn't complexity good for business?

No.


Every now and then we hear this one, "Surely all the complexity in the R&D tax concession program is good for your business".  It must lead to more fees, right?  Well, yes, but no.

Put simply: more fees does not always make for better, more valuable work for clients.

Preparing compliant claims at the lowest possible cost and highest possible value is always our aim.  But when program rules change so that complexity is the order of the day, the costs of compliance for all 6,000+ program participants goes up.

Compared with what we could do with the same fee for clients in terms of education and system development the answer is squarely "No.  Complexity is not good for business."