Finance Act 2000

Payment in respect of R&D tax credit U.K.

18 (1) Where— U.K.

(a) the company is entitled to an R&D tax credit for an accounting period, and

(b) makes a claim,

the Inland Revenue shall pay to the company the amount of the credit.

(2) An amount payable in respect of—

(a) an R&D tax credit, or

(b) interest on an R&D tax credit under section 826 of the Taxes Act 1988,

may be applied in discharging any liability of the company’s to pay corporation tax, and to the extent that it is so applied the Inland Revenue’s obligation under sub-paragraph (1) is discharged.

(3) Where the company’s company tax return for the accounting period is enquired into by the Inland Revenue, no payment in respect of an R&D tax credit for that period need be made before the Inland Revenue’s enquiries are completed (see paragraph 32 of Schedule 18 to the M1 Finance Act 1998).

In those circumstances the Inland Revenue may make a payment on a provisional basis of such amount as they think fit.

(4) No payment need be made in respect of an R&D tax credit for an accounting period before the company has paid to the Inland Revenue any amount that it is required to pay for payment periods ending in that accounting period—

(a) under the PAYE regulations, or

(b) in respect of Class 1 national insurance contributions.

[F1 (5) This paragraph has effect subject to paragraph 18A.]

Textual Amendments

F1 Sch. 20 para. 18(5) inserted (with effect in accordance with Sch. 9 para. 3 of the amending Act) by Finance Act 2008 (c. 9), Sch. 9 para. 1(5); S.I. 2008/1929, art. 2

Marginal Citations

M1 1998 c. 36.