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Corporation Tax Act 2009

Changes over time for: Cross Heading: Qualifying expenditure

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Corporation Tax Act 2009, Cross Heading: Qualifying expenditure is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Yn ddilys o 01/04/2009

Qualifying expenditureU.K.

1076Qualifying Chapter 5 expenditureU.K.

For the purposes of this Part a company's “qualifying Chapter 5 expenditure” means—

(a)its qualifying expenditure on in-house direct research and development (see section 1077),

(b)its qualifying expenditure on contracted out research and development (see section 1078), and

(c)its qualifying expenditure on contributions to independent research and development (see section 1079).

1077Qualifying expenditure on in-house direct R&DU.K.

(1)A company's “qualifying expenditure on in-house direct research and development” means expenditure incurred by it in relation to which conditions A, B and C are met.

(2)Condition A is that the expenditure is—

(a)incurred on staffing costs (see section 1123),

(b)incurred on software or consumable items (see section 1125),

(c)qualifying expenditure on externally provided workers (see section 1127), or

(d)incurred on relevant payments to the subjects of a clinical trial (see section 1140).

(3)Condition B is that the expenditure is attributable to relevant research and development undertaken by the company itself.

(4)Condition C is that, if the expenditure is incurred in carrying on activities contracted out to the company, the activities are contracted out by—

(a)a large company, or

(b)any person otherwise than in the course of carrying on a chargeable trade.

(5)A “chargeable trade” is—

(a)a trade, profession or vocation carried on wholly or partly in the United Kingdom, the profits of which are chargeable to income tax under Chapter 2 of Part 2 of ITTOIA 2005, or

(b)a trade carried on wholly or partly in the United Kingdom, the profits of which are chargeable to corporation tax under Chapter 2 of Part 3 of this Act.

(6)See sections 1124, 1126 and 1132 for provision about when expenditure within subsection (2)(a), (b) or (c) is attributable to relevant research and development.

1078Qualifying expenditure on contracted out R&DU.K.

(1)A company's “qualifying expenditure on contracted out research and development” means expenditure incurred by it in relation to which each of conditions A to D is met.

(2)Condition A is that the expenditure is incurred in making payments to—

(a)a qualifying body,

(b)an individual, or

(c)a firm, each member of which is an individual,

in respect of research and development contracted out by the company to the body, individual or firm concerned (“the contracted out R&D”).

(3)Condition B is that the body, individual or firm concerned undertakes the contracted out R&D itself.

(4)Condition C is that the expenditure is attributable to relevant research and development in relation to the company.

(5)Condition D is that, if the contracted out R&D is itself contracted out to the company, it is contracted out by—

(a)a large company, or

(b)any person otherwise than in the course of carrying on a chargeable trade.

(6)A “chargeable trade” is—

(a)a trade, profession or vocation carried on wholly or partly in the United Kingdom, the profits of which are chargeable to income tax under Chapter 2 of Part 2 of ITTOIA 2005, or

(b)a trade carried on wholly or partly in the United Kingdom, the profits of which are chargeable to corporation tax under Chapter 2 of Part 3 of this Act.

(7)See sections 1124, 1126 and 1132 for provision about when particular kinds of expenditure are attributable to relevant research and development.

1079Qualifying expenditure on contributions to independent R&DU.K.

(1)A company's “qualifying expenditure on contributions to independent research and development” means expenditure incurred by it in relation to which each of conditions A to E is met.

(2)Condition A is that the expenditure is incurred in making payments to—

(a)a qualifying body,

(b)an individual, or

(c)a firm, each member of which is an individual,

for the purpose of funding research and development carried on by the body, individual or firm concerned (“the funded R&D”).

(3)Condition B is that the funded R&D is relevant research and development in relation to the company.

(4)Condition C is that the funded R&D is not contracted out to the qualifying body, individual or firm concerned by another person.

(5)Condition D is that, if the payment is made to an individual, the company is not connected with the individual when the payment is made.

(6)Condition E is that, if the payment is made to a firm (other than a qualifying body), the company is not connected with any member of the firm when the payment is made.

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