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SR&ED News

New SR&ED Tax Court Case Judgment

A new SR&ED appeal judgment has been posted on the Tax Court of Canada website.

The appeal is from a taxpayer who claimed he submitted a complete SR&ED claim before the final deadline. The CRA claimed the technical report was not included in the original claim, and was submitted 12 days after the final deadline.

Based on the evidence presented, the court concluded “on a balance of probabilities that the technical report was not filed by the appellant or its representative until after (…) the deadline for filing a claim for the 2005 taxation year.”

The full judgment is available from the Tax Court of Canada website.

The main lesson to be taken from this court case is that if you leave things to the last minute, you run a risk of your whole claim being denied due to a missing or misplaced piece of information. We highly recommend filing at least 3 months prior to the deadline so that the CRA has time to inform you if any information is missing.