In order for internal use software (IUS) to qualify for the R&D credit, the requirements of the high-threshold of innovation test must be met (in addition to the four-part test).
The three requirements of the high-threshold of innovation test are:
- The software is innovative: software is innovative if the software would result in a reduction in cost or improvement in speed or other measurable improvement, that is substantial and economically significant, if the development is or would have been successful. This is a measurable objective standard, not a determination of the unique or novel nature of the software or the software development process.
- The software development involves significant economic risk: The software development involves significant economic risk if the taxpayer commits substantial resources to the development and if there is substantial uncertainty, because of technical risk, that such resources would be recovered within a reasonable period. The term “substantial uncertainty” requires a higher level of uncertainty and technical risk than that required for business components that are not internal use software (i.e. under the four-part test). This standard does not require technical uncertainty regarding whether the final result can ever be achieved, but rather whether the final result can be achieved within a time-frame that will allow the substantial resources committed to the development to be recovered within a reasonable period. Technical risk arises from uncertainty that is technological in nature, and substantial uncertainty must exist at the beginning of the taxpayer's activities.
- The software is not commercially available for use by the taxpayer in that the software cannot be purchased leased, or licensed and used for the intended purpose without modifications that would satisfy the previous two requirements.