Jul 01, 2024
Firms in Difficulty and the Tax Research Allowance
An Overview
Definition of a "Firm in Difficulty" (FiD) and its Implications for the Research Allowance
A "Firm in Difficulty" (FiD) according to the state aid definition is economically distressed and meets certain criteria indicative of losses or insolvency. According to Article 2, Number 18 of the General Block Exemption Regulation, firms are considered FiD if, for example, they have lost more than half of their share capital due to losses or are undergoing insolvency proceedings.
Implications for the Tax Research Allowance
According to Article 1, Paragraph 4, Letter c of the GBER, state aid, including the TRA, is generally excluded for firms in difficulty. This regulation aims to ensure that public funds support firms that are on stable economic footing.
Exceptions and Special Regulations
However, Regulation (EU) No. 972/2020 and its extension by Regulation (EU) No. 1237/2021 provide exceptions for firms that only fell into difficulty during the COVID-19 pandemic. Firms that were not considered FiD as of December 31, 2019, but fell into difficulty between January 1, 2020, and December 31, 2021, can still receive aid, including the TRA, under certain conditions.
Conclusion: Why Firms in Difficulty Utilize the Research Allowance
Despite the strict regulations, there are cases where firms in difficulty can utilize the TRA. This can be crucial for maintaining or intensifying research and development activities, which, in the long term, can contribute to the stabilization and revival of the firm. The exception regulations during the pandemic have provided significant financial support to many firms in difficult times, helping them to maintain their innovative capacity. However, utilizing the TRA requires careful examination of legal requirements and adherence to state aid regulations. Firms should seek thorough advice to ensure that they can use the funding in compliance with applicable rules and exceptions.
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Nov 12, 2025
Forschungszulage for software development: Overcoming common application pitfalls
Germany is globally known as a high-tech hub with an increasing amount of innovation, building transformative solutions and disruptive software development. The advancements of software solutions in verticals like artificial intelligence, blockchain, internet of things (IoT), robotics, and augmented reality are deeply aligned with the country's technological leadership. Companies across industries employ software tools to enhance productivity and competitive advantage. Fields like biometrics, aviation, drone technology, embedded systems, and industry 4.0 are a few examples where software helps streamline work processes.Significant innovation in the industry of software development in Germany could be seen in fields such as generative AI integration, cloud-native architectures, and growing start-up ecosystems. The Research Allowance Act (Forschungszulagengesetz - FZulG) was introduced by the German government recognising these advancements and the continued focus on research and innovation in software development among other areas. The main objective of the Forschungszulage initiative is to financially support organisations that invest in R&D and companies receive monetary assistance in form of tax credits, which reduces the amount of tax payable. If the company does not have a tax liability, then it will receive direct cash refunds based on its eligible R&D project expenditure. For the software development industry, in spite of having promising work, the projects frequently fall short while claiming research allowance. Deeply understanding the elements contributing to success and failure of a Forschungszulage application helps companies to navigate effectively through the process and obtain the support they deserve for their innovative software project. What type of software development projects qualify for the Research Allowance?To be eligible for the research allowance in Germany, software development projects must be classified as R&D work. The research project should match the Frascati Criteria which outline the characteristics of an R&D work and also the guidelines from the BSFZ that validate the project for the research allowance. The qualifying research activities are mainly divided into three categories:1. Basic ResearchThese research activities are primarily undertaken to obtain new knowledge without having any immediate practical and direct commercial application. In software development, this could include:Development of new algorithms in theoretical computer scienceDeveloping brand-new principles for programming languagesCreating new ways for developing software 2. Industrial ResearchResearch projects conducted to acquire new knowledge and expertise either to develop new products, services or processes or to significantly improve the existing products, services or processes are considered as industrial research. It involves projects such as:Developing software tools for specialised application like e.g. image processingDesigning innovative programming languagesDeveloping new data management systems3. Experimental developmentExperimental development projects use and combine existing knowledge to develop a new product, service or process. Activities related to formation, planning, and documentation of new products are considered as experimental development. In the software development field, this includes:Creating experimental AI or machine learning modelsPrototyping new software architectureDeveloping new data processing pipelinesProjects that adhere to these criteria and have technical uncertainty and development risks are considered as strong candidates for the research allowance. Why are software development projects frequently rejected?Despite pre-defined eligibility guidelines, software development projects are frequently being rejected for research allowance. Several reasons leading to this include:Vague definition of innovationThe BSFZ requires applicants to define the innovation process, including the problems and uncertainties addressed precisely. Many applications fail because they merely focus on describing the final product without providing enough information showing new scientific or technical knowledge. Due to the absence of a detailed narrative regarding the technical challenges, the newness, and the risks, the application often fails to succeed.High emphasis on implementationA usual pitfall for software development projects is presenting the ones that emphasize the implementation of existing solutions. Routine activities like adapting existing software and integrating known libraries do not qualify as R&D, and the research allowance only considers a project that is innovative and bridges a knowledge gap.Insufficient technical informationAn application prepared with superficial project descriptions which lack the required technical details will lead to rejection. Applications need to convey the technical complexity of the R&D activities. For a software project, involvement of the lead developer or software engineer is essential to ensure optimum project description, as they can explain the technical complexities and innovative elements of the project.How to handle inquiries and rejectionsAn application being questioned or rejected does not necessarily indicate the end of the road in seeking research allowance. There are options available for applicants:1. Responding to additional information requestThe BSFZ seeks additional information regarding the project if the submitted information does not provide complete clarity. This is not a rejection, but the request to submit further accurate information to continue verifying the project to issue the certificate. 2. Filing an appeal Applicants can file an appeal within a month after receiving a rejection if they find that the application was wrongfully rejected due to misunderstanding or mistakes in assessment. The appeal should provide clear information supporting the eligibility of the project and not merely on questioning the decision. Applicants should analyse the given reasons for the rejection, compare the application with the relevant guidelines and provide a well-structured appeal with proofs supporting the claim. 3. Submit a new applicationWhen the application is rejected due to a poor structure or wrong information, then it is best to submit a revised, well-prepared application. The new application should include:A clear description addressing technical complexities of the projectCorrections on previously identified weaknessesConclusionObtaining research allowance for software development projects in Germany requires focused preparation and a strong understanding of the eligibility criteria and related guidelines. Detailed documentation of technical innovation, active involvement of the software engineer or lead developer in drafting the application, and providing precise technical narratives can help the software project to be successful while seeking research allowance. In the cases of rejection, strategic approaches like understanding the causes of rejection, filing an appeal, or submitting a new application can lead to eventual success. With the right approach, Germany's Forschungszulage is a valuable opportunity for software development projects to scale up innovation.
