Routine work that does not qualify
Every scheme defines qualifying work and then rules out the work around it, and the exclusions converge on the same categories in every country. This guide lists those categories, gives each scheme's own exclusions, and shows how to carve routine work out of a project before a reviewer does.
Every R&D scheme defines qualifying work in positive terms and then rules out the work around it, in a statutory list, in published guidance, or both. The form differs but the content converges: in every one of the seven countries, routine development with known methods, configuration and integration, quality control, cosmetic changes, market research and commercial production sit outside the claim. Reviewers know these categories well, and a claim that has not carved them out invites a reduction.
This guide follows the line drawn in Qualifying versus non-qualifying activities and goes into the excluded side in more detail.
What this guide covers
- The categories of work every scheme leaves out, and why.
- Each scheme's exclusions in its own wording, with links to the country pages.
- The two kinds of testing, and why one qualifies and the other does not.
- A method for carving routine work out of a project.
- What good carving out looks like, and what goes wrong.
The categories every scheme leaves out
Routine development with known methods
Applying established techniques, tools and methods to build something is development, but it is not R&D, even when the result is commercially new. The test is the same as for uncertainty itself: could a competent professional in the field have done this from existing knowledge, without experimenting? If yes, the work is routine. The software guidance published in six of the seven countries says this in nearly identical terms, and the United States reaches the same result through the uncertainty and experimentation parts of its test.
Configuration, installation and integration
Configuring purchased software or equipment, installing it, and integrating systems through documented interfaces following the supplier's instructions is routine. Integration becomes a candidate only where the combined behaviour could not be predicted and had to be discovered by structured testing, and then only the discovering qualifies.
Quality control and routine testing
Testing divides in two. Testing done to find out, where the result decides an open design question, is part of the work done to resolve the uncertainty. Testing done to confirm, against established requirements or a standard, that something works as intended is quality control. Regression, acceptance and compliance testing, calibration and inspection fall on the routine side. The purpose of each test run decides which side it is on.
Cosmetic and stylistic changes
Changes to appearance, style, colour, finish, taste or seasonal design are excluded in every scheme, however much work they take. A change that looks cosmetic but raises a technical question (a finish that must survive a new chemical environment) is judged by the technical question.
Market research and commercial work
Market research, market testing, sales promotion, user research into preferences, commercial feasibility, pricing, and the legal and financial steps needed to bring a product to market are outside every scheme. They may be essential to the project; they are not R&D.
Commercial production
Once the uncertainty is resolved, producing saleable output on the settled design or process is commercial production, not R&D, even for a new product. Some schemes allow the experimental portion of a production run where the production itself is the experiment; some exclude trial runs and tooling up altogether.
Internal administration software, where excluded
Several schemes single out software developed for the business's own administration (payroll, accounting, human resources) and either exclude it from eligible activities or apply a higher test. Elsewhere it is judged by the ordinary test of whether it resolved a technical uncertainty.
Other common exclusions
Research in the social sciences, arts and humanities; management studies and efficiency surveys; prospecting for minerals; routine data collection; and the legal and administrative work of patenting appear in several of the lists below.
Carving routine work out of a project
The method starts from the uncertainty, not from the project. A project is a commercial unit; the claim is built on the work done to resolve a technical unknown inside it.
- State the uncertainty first. One or two sentences, in the technical lead's words, dated. Without it there is nothing to carve towards.
- List the project's activities. Use the structure the team already has: epics, work packages, work orders, batch records.
- Mark each activity. Does it resolve the uncertainty? Does it directly support resolving it (a test rig built only for the experiments)? Or neither? Only the first two are candidates, and the second is subject to each scheme's rules on supporting work.
- Apply the time boundary. Within a candidate activity, work before the uncertainty was being addressed and after it was resolved or abandoned comes out.
- Apportion shared costs honestly. Where a person or a rig served both sides, use the time records to split the cost. A round percentage applied to a whole team is the sign of a claim that has not been carved out.
- Record the exclusions with reasons. What was left out, and why, is as valuable under review as what was claimed.
What good looks like: a project where 40 percent of the cost is claimed and the other 60 percent is listed by activity with a one-line reason for each exclusion. What goes wrong: claiming the whole project because part of it was uncertain; claiming the whole payroll of a team called "R&D"; treating every test run as experimentation; and claiming the launch because the product was new.
Illustrative example
Illustrative example. Halvard Instruments, a hypothetical company, spends 500,000 developing a handheld gas analyser. The technical uncertainty is whether sensor drift can be compensated across the required temperature range, where the published compensation methods failed in early tests and a competent instrumentation engineer could not say whether it could be done. The carve-out below is what the finance lead and the technical lead agree, activity by activity. The claim is built on 180,000, and the benefit is calculated at that country's rate. Whether the test rig counts depends on the scheme's rules on supporting work.
| Activity | Cost | Resolves or supports the uncertainty? | Treatment |
|---|---|---|---|
| Drift compensation algorithm: trials, failed approaches, final method | 150,000 | Resolves | In |
| Environmental test rig built only for the drift experiments | 30,000 | Supports | In, subject to the scheme's rules on supporting work |
| User interface and wireless firmware on the supplier's stack | 120,000 | Neither: known methods | Out |
| Enclosure styling and colour options | 20,000 | Neither: cosmetic | Out |
| Regression and compliance testing before release | 60,000 | Neither: routine testing and statutory compliance | Out |
| Market research, pricing and launch | 40,000 | Neither: commercial | Out |
| Pilot production run on the settled design | 80,000 | Neither: commercial production | Out |
Country differences
The exclusions each scheme states, in its own words; the country pages give the detail and the exceptions.
| Country | Exclusions in the scheme's own words |
|---|---|
| United States | Section 41(d)(4) excludes research after commercial production, adaptation, duplication, surveys and studies, computer software for internal use except as provided in regulations, foreign research, research in the social sciences, arts or humanities, and funded research; section 41(d)(3)(B) excludes style, taste, cosmetic and seasonal design factors. Internal use software qualifies only if it satisfies the high threshold of innovation test. |
| United Kingdom | Activities such as market research, cosmetic and aesthetic design, and commercial and financial work do not form part of R&D unless they directly contribute to resolving the uncertainty. The arts, humanities and social sciences, including economics, are excluded. HMRC's software guidance states that developing software using established techniques and tools, routine integration and the application of known methods do not constitute R&D even where the product is commercially new. |
| Ireland | The Regulations exclude routine testing and analysis of materials, components, products or processes for quality or quantity control; alterations of a cosmetic or stylistic nature to existing products, services or processes; operational research such as management studies or efficiency surveys; corrective action in connection with breakdowns during commercial production of a product; market research, market testing, market development, sales promotion or consumer surveys; and research in the social sciences, arts or humanities. Revenue's guidance states that business application software, routine computer maintenance and software development using known methods and tools do not qualify unless the work resolves a scientific or technological uncertainty. |
| Canada | The definition excludes market research or sales promotion; quality control or routine testing of materials, devices, products or processes; research in the social sciences or the humanities; prospecting, exploring or drilling for, or producing, minerals, petroleum or natural gas; the commercial production of a new or improved material, device or product or the commercial use of a new or improved process; style changes; and routine data collection. In commercial production with experimental development work, only the experimental work and the incremental cost of the work are SR&ED. |
| Australia | The activities excluded from being core R&D activities are: market research, market testing, market development and sales promotion; prospecting, exploring or drilling for minerals or petroleum; management studies or efficiency surveys; research in social sciences, arts or humanities; commercial, legal and administrative aspects of patenting, licensing or other activities; activities associated with complying with statutory requirements or standards; reproduction of a commercial product or process by physical examination or from plans or publicly available information; and developing, modifying or customising computer software for the dominant purpose of use by the entity or its connected entities and affiliates for the internal administration of their business functions. An excluded activity can be a supporting R&D activity only if undertaken for the dominant purpose of supporting core R&D activities. |
| New Zealand | Schedule 21 excludes from core activities preproduction activities such as demonstration of commercial viability, tooling up and trial runs; making cosmetic or stylistic changes to products, processes or services; and developing, modifying or customising software for the purpose of internal administration of the business, such as payroll and accounting systems. Inland Revenue guidance states that applying known techniques, frameworks and methods to build a new product does not resolve a technological uncertainty. |
| Singapore | The definition of research and development excludes quality control or routine testing of materials, devices or products; research in the social sciences or the humanities; routine data collection; efficiency surveys or management studies; market research or sales promotion; routine modifications or changes to materials, devices, products, processes or production methods; and cosmetic modifications or stylistic changes. IRAS guidance states that development using established methods, system integration, customisation and routine enhancements do not qualify even where the resulting product is new to the market. |
Related pages
- Qualifying versus non-qualifying activities: where the line really sits
- R&D tax incentives for manufacturers: where the qualifying work hides
- How to run a project identification workshop with your technical team
- R&D Tax Fundamentals, Module 2: What counts as R&D
- Eligibility hub
Educational material, not advice. Eligibility and treatment depend on the scheme and the facts.
Sources
- 26 U.S. Code section 41, Credit for increasing research activitiesLegal Information Institute, Cornell Law School
- Guidelines on the meaning of research and development for tax purposesDepartment for Science, Innovation and Technology (GOV.UK)
- Taxes Consolidation Act 1997 (Prescribed Research and Development Activities) Regulations 2004, S.I. No. 434 of 2004Irish Statute Book
- Income Tax Act, subsection 248(1), definition of scientific research and experimental developmentJustice Laws Website, Government of Canada
- Income Tax Assessment Act 1997, Division 355Federal Register of Legislation
- Income Tax Act 2007, schedule 21 (excluded activities)New Zealand Legislation
- Income Tax Act 1947, section 2 (definition of research and development)Singapore Statutes Online
Educational content only, not tax advice. Rules change and eligibility depends on your circumstances, so check the official guidance or speak to a qualified advisor before you claim. See the disclaimer.