Know the fee. Understand the risk. Ask the right questions.

A plain-English guide to how R&D tax advisers are paid, and what to check before you sign.

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Fees, in plain English

How advisers are paid, the questions to ask and the warning signs to look for. Everything here is about the fee and the risk, so you can compare proposals on the same terms.

New to this? Start with the short reading list.

Two fee models, one claim

Illustrative
Percentage fee at 20%
$50,000
Fixed fee
$35,000

On a $250,000 claim. A percentage fee changes with the size of the claim. A fixed fee does not.

Choose a claim size to see the percentage fee at that size.

On these assumptions the two cost the same at a $175,000 claim: below that the percentage fee is lower, above it the fixed fee is lower.

Assumptions, in US dollars: a $250,000 claim in the example; a success fee of 20% of the claim, with no cap; a fixed fee of $35,000 agreed up front; the same work and scope for both. Illustrative figures. Same claim and assumptions for both.

See all nine fee types

Contracts

Most of the risk is in the fine print

The fee clause is only part of it. Read what the engagement letter says about review, enquiries and ending the agreement.

How to read an engagement letter

Four clauses to read

  • FeesHow it’s worked out, and any cap
  • ReviewWhen you see the claim
  • EnquiriesWhat audit support covers
  • Ending the agreementHow you can leave, and what you owe
Why it matters

If a claim is reduced, who pays?

Usually the business. The claim is made in its name, so it repays the credit and carries any interest, and usually any penalties, however the adviser was paid.

Audit support is help with a review. Who pays any tax, interest or penalties is a separate question.

An R&D tax credit claim is made in the business’s name. If the tax authority later reduces it, the business usually repays the credit, along with any interest and penalties that apply.

A proposal may offer audit support. In an engagement letter that means help: preparing documents, answering questions, attending meetings. Whether the adviser pays any tax, and whether any part of the fee comes back, depends on what the letter says.

If a claim is reduced

Who pays
  • Repaying the creditThe business
  • InterestThe businessWhere it applies. See your country page.
  • PenaltiesUsually the businessVaries by country. See your country page.
  • Audit supportHelp, not the tax

General position. Check your own engagement letter.

Who publishes this site

This guide is published by Swanson Reed, an R&D tax adviser that competes with other advisers. We think businesses should understand fees before they sign. We don’t recommend any adviser, including ourselves.

Conflicts of interest

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