One of the most frequent faults CRA’s SR&ED reviewers
find in a claim during an on-site review is that the project contained
technical uncertainties rather than technological
uncertainties. The difference has to do with whether the uncertainty is an
obstacle that can be resolved by technology (knowledge) that is at the taxpayer’s
disposal. I have frequently been in reviews where the RTA has insisted that the
project’s advancement was simply achieved by merging together already existing
technologies, not acknowledging that the integration of technologies that had
been used in other contexts involved uncertainty over how to make them work
successfully together in the current project. Yet, often systematic uncertainty arises, and it is not clear how to get
technological components to do what the claimant needs them to do when they are
interacting together, with the result that systematic investigation of the
problem is used to develop experiments to resolve the uncertainties. I don’t
doubt that according to the law, SR&ED is being done in such cases, but it does
not always seem easy for an RTA to get it.
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