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 Research

These 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 science

• Developing brand-new principles for programming languages

• Creating new ways for developing software

2. Industrial Research

Research 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 processing

• Designing innovative programming languages

• Developing new data management systems

3. Experimental development

Experimental 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 models

• Prototyping new software architecture

• Developing new data processing pipelines

Projects 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 innovation

The 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 implementation

A 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 information

An 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 rejections

An 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 request

The 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 application

When 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 project

• Corrections on previously identified weaknesses

Conclusion

Obtaining 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.