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Lars Günther
In addition to technical planning, research and development projects also require financial planning, in which funding programs are often important components. One of these components are the tax incentives for R&D.
With the tax incentives for R&D, companies can receive annual funding of up to EUR 2,500,000 for their research and development projects. For small and medium-sized enterprises, the maximum amount of the tax incentives for R&D increases to EUR 3,500,000.
Unlike other subsidies, an application for tax incentives for R&D is not only possible for future research and development projects, but also for ongoing and completed projects.
The application process and documentation requirements are significantly lower than for funding within the framework of traditional project funding, so that the administrative effort is not only proportionate to the tax incentives for R&D for large projects.
The Research Allowance Act (Forschungszulagengesetz, FZulG) provides companies operating in Germany with funding for their research and development projects. Compared to traditional project funding, this is characterized by a much simpler application process and fewer documentation requirements and can be applied for planned, ongoing and completed projects.
In principle, all companies operating in Germany that carry out basic research, industrial research or experimental development and meet the criteria of the General Block Exemption Regulation under state aid law are eligible to apply. Both in-house research and development, cooperations and projects that are awarded externally as part of contract research in the European Economic Area are eligible for funding.
In addition to the gross wages of the employees entrusted with the research, including the employer's social security contributions, the depreciation of the movable assets required for the research as well as 70% of the remuneration for the contract research are eligible and are included in the assessment basis for the tax incentives for R&D, which is limited to EUR 10,000,000 per year.
The tax incentives for R&D itself amounts to 25% of the assessment basis. For small and medium-sized enterprises, the funding rate is increased by 10 percentage points and thus amounts to 35% for these companies. The annual tax incentives for R&D thus amounts to a maximum of EUR 2,500,000 or EUR 3,500,000 for small and medium-sized enterprises.
The tax incentives for R&D are paid out by the tax office and require an annual application. The assessment of the tax incentives for R&D can also be applied for retroactively for several years within the assessment periods, whereby the conditions and framework conditions may differ due to changes in the law. The basis for the tax incentives for R&D application to the tax office is a certificate of eligibility for funding for the respective project, which must be applied for at the certification body. This is also referred to as a two-stage application procedure.
The tax incentives for R&D are initially offset in full against the assessed income tax or corporation tax and lead to a corresponding reduction in the subsequent payment or a refund of income tax already paid. If the tax incentives for R&D exceed the assessed tax, surpluses are not carried forward but paid out directly. This means that companies benefit directly even if the tax incentives for R&D exceed the current tax burden, for example during periods of losses.
Further details on the tax incentives for R&D can be found in our Insights.