Government interim report aimed at tackling main obstacles faced by R&D companies
A review of Sweden’s R&D tax deduction highlights the need for clearer, more accessible and efficient rules to strengthen innovation. Drawing from both Swedish and international expertise, Leyton works closely with companies impacted by the coming changes. Let’s explore the key findings and their potential impact on Sweden’s innovation landscape.
Why Sweden is reassessing its R&D deduction
Introduced in 2014, Sweden’s R&D tax deduction has evolved and advanced. Despite this, challenges in the scheme’s structure cast doubt on whether it is reaching its full potential. The interim report has highlighted several shortcomings within the current system:
- Complex rules that don’t reflect modern R&D realities: Small businesses in particular struggle to meet rigid documentation requirements and structured approaches, which often clash with their flexible, fast-paced innovation processes.
- Unclear definitions of R&D activities: Narrow definitions, such as the exclusion of software development or the requirement to explicitly link development projects to research results, have prevented legitimate claims from being approved.
- Cumbersome processing and auditing: Long timelines to process claims, extensive documentation demands, and fears of potential claw backs create barriers for businesses trying to claim the tax relief.
Proposed Reforms: Simplifying the system for better access
In response to these challenges, the Swedish government has proposed targeted changes to enhance the scheme’s clarity and efficiency without compromising its accountability. Key proposals include:
- Removing the 15-hour monthly work requirement for R&D personnel. This will simplify the monthly claiming process and allow eligibility to more employees.
- Eliminating the rule requiring a direct link between result of research and development, to comply with the development definition which is currently a significant issue to demonstrate for companies. Instead, the focus will be on broader technical or scientific problem-solving, facilitating the companies’ demonstration.
- The requirement for research and/or development work to be systematic will be removed. This aims to prevent legitimate R&D activities from being rejected due to lack of documentation, enabling SMEs without formal R&D departments to qualify.
- The requirement for research and/or development work to be qualified is removed. This criterion does not serve any real purpose since only work in direct relation to R&D is eligible. Removing it would allow positions such as managers to be eligible.
- Increasing the collaboration between the Swedish tax agency and relevant authorities to streamline technical evaluations and to involve relevant expertise when assessing the complicated cases.
Acknowledging progress and addressing remaining challenges
Leyton welcomes the overall aim of the report, enabling more companies eligible for the R&D tax relief to have their claims of the relief approved and less challenged. Whereas the proposed updates would result in ease, especially for SMEs, in terms of accessibility and requirements for adequate documentation, some challenge and work will remain for the companies to claim securely.
- The burden of proof remains on the company and work will be needed to justify the claim from the beginning until the end of the project.
- Focusing on solving scientific or technical problems aims to broaden eligibility for development work. While this change, together with the clarification and numerous examples as presented in the interim report, is welcomed by Leyton – it may introduce new interpretation challenges.
- The type of documentation required to justify the tax relief will still be assessed in each individual case. Together with the fact that the evidentiary requirement per general administrative legal principles remains the same, questions in terms of sufficient documentation will still be faced by companies.
Looking ahead: Transforming policy, driving innovation
Sweden’s focus on reforming its R&D deduction is a promising step towards driving innovation and economic growth. With input from key stakeholders – including the Swedish tax agency, industry organizations and companies – the changes as proposed in the report align with what businesses have been waiting for, despite a few areas still open to interpretation. Leyton welcomes an efficient and timely process for the interim report to progress through parliament and be enacted into law. As experts in R&D tax relief, Leyton will continue to monitor the changes closely and keep you updated. Meanwhile, don’t hesitate to reach out to our team to ensure your business fully leverages the opportunities available.
