Avdrag för FoU : Innebär tillägget verksamheten i övrigt en faktisk utvidgning av avdragsrätten för FoU i förhållande till den tidigare lydelsen av IL 16 kap 9 §?

Sammanfattning: In recent years, the possibility to deduct expenses for research and development (R&D) has been interpreted narrowly. As a response, the Income Tax Act chapter 16, section 9 (the R&D-rule) was amended to increase the possibility to deduct R&D of more general character. The purpose of this thesis is to determine the meaning of the R&D-rule to be able to decide if the amendment is an extension of the deductibility and whether this amendment can be considered adequate. According to the R&D-rule, the recipient of the grant needs to conduct R&D activity and there needs to be a sufficient connection between the R&D activity and the company to be allowed deduction. The difficulty in applying the R&D-rule is mainly when the research is conducted outside the company and the aim of the research is not to solve the company’s specific problem.The connection between the R&D-activity and the company needs to be reasonable. This means that only R&D-activity that falls completely outside the company’s activities should be excluded from deductibility. However, even R&D where some connection can be shown has been excluded from deductibility, which makes the application of the R&D-rule complex. The amendment of the R&D-rule means that deduction is now possible where a reasonable interest can be shown with either the principal business or the other business. The assessment if a reasonable interest can be shown between the R&D and the company’s activities, must now take into account all aspects of the company not only the principal activity. In conclusion, the amendment creates an extension of the deductibility. The purpose of the amendment of the R&D-rule was to extend the deductibilityof R&D. The amendment must therefore be considered adequate. The addition of the other business to the wording of the R&D-rule will lead to an actual extension of the deductibility of R&D.