Forschungszulage & De Minimis: No – And That's Good
The Forschungszulage is not a de-minimis aid – and that's a major advantage. Learn why you can combine it freely with other funding programs.
In practice, many applications fail not because of the idea, but because of a misunderstanding: who is actually eligible – and for which company structures? If this is not clearly established, it costs time, nerves, and potentially real money.
I (Erich Lehmann, zeitmaker.com) regularly see this: particularly innovation-driven mid-sized companies, start-ups, and software/tech teams leave funding unclaimed even though they would fundamentally qualify.
Under the Forschungszulagengesetz, eligible parties are unlimited or limited taxpayers under income tax or corporate tax law, provided they meet the requirements and are not exempt from taxation. (bescheinigung-forschungszulage.de)
In practice this covers a very wide range of constellations – typically:
Important for partnerships: the eligible party is the partnership itself (not the individual partner). (bescheinigung-forschungszulage.de)
This is important to know – and a common mistake in practice: the BSFZ certificate application may only be submitted by the eligible entity itself – i.e. the company that will later also claim the Forschungszulage at the tax office.
The eligible party is the tax-liable company that itself carries out the qualifying innovation activities and bears the corresponding expenditure. This covers not only corporations (e.g. GmbH, AG, UG) but also, depending on the constellation, sole traders and partnerships.
The key point is: the applicant (in the legal sense) is always the eligible party itself (for partnerships: the partnership) – not a "third party" acting in their own name. In practice, however, an authorised tax advisory firm can technically/organisationally submit electronically; the application is in this case attributed to the company.
In the preparation phase, multiple people can of course contribute:
But: the application is submitted "in the name of and as applicant" by the company itself. External parties can help, but they are not the eligible party. This exact distinction matters so that there are no friction losses later in the process chain BSFZ → tax office.
Even if you are "formally" a company, there are hurdles. Most relevant:
If you are unsure: the precise demarcation is what counts – and that is exactly where a structured check pays off. If your application has already been rejected, see what you can do here: /blog/forschungszulage-rejected-what-to-do
The Forschungszulage is not a "competition" like many programs – it is a predictable tax incentive that fits innovation-driven projects – especially when you are continuously developing, iterating, and managing technical risks.
If you set up the process, project logic, and documentation correctly, "let's give it a try" becomes a reliable funding process.
No. It is generally size-independent – what matters is tax liability and meeting the eligibility requirements. (zeitmaker.com)
In many cases yes, because the funding logic does not "require profit" – it is linked to eligible expenditure and the procedural requirements. (bundesfinanzministerium.de)
Only the eligible party itself may submit the BSFZ application. Support can of course be provided on the content side, but the application is legally attributed to the company. (bescheinigung-forschungszulage.de)
No. The certificate can be applied for before, during, or after the project is carried out. (bescheinigung-forschungszulage.de)
First the certificate from the BSFZ, then the assessment at the tax office (via "Mein ELSTER", per fiscal year). (bundesfinanzministerium.de)
Drop us a line about what's on your mind — we'll get back to you personally and without obligation.
The Forschungszulage is not a de-minimis aid – and that's a major advantage. Learn why you can combine it freely with other funding programs.
Claim the Forschungszulage retroactively for completed R&D projects. Learn how far back you can go and what to consider when applying.
Germany's R&D tax incentive explained: the Forschungszulage is industry-independent, works as a tax credit and comes with a legal entitlement.
Apply for the Forschungszulage in just 4 calls — up to €4.2M per year. Legal entitlement, retroactive claims possible, 92% success rate.