Modifications etc. (not altering text)
C1 S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14) , Sch. 30 para. 7
(1)In this Part “qualifying expenditure” means capital expenditure incurred by a person on research and development directly undertaken by him or on his behalf if—
(a)he is carrying on a trade when the expenditure is incurred and the research and development relates to that trade, or
(b)after incurring the expenditure he sets up and commences a trade connected with the research and development.
(2)The same expenditure may not be taken into account as qualifying expenditure in relation to more than one trade.
(3)The trade by reference to which expenditure is qualifying expenditure is referred to in this Part as “the relevant trade” in relation to that expenditure.
(4)If capital expenditure is partly within subsection (1) and partly not, the expenditure is to be apportioned in a just and reasonable manner.
(5)References in this Chapter to research and development related to a trade include—
(a)research and development which may lead to or facilitate an extension of that trade, and
(b)research and development of a medical nature which has a special relation to the welfare of workers employed in that trade.
(1)Subsection (2) applies if—
(a)a company that does not have a Northern Ireland regional establishment incurs expenditure for the purposes of a trade,
(b)the activities for the purposes of which the expenditure is incurred would, if the company were a NIRE company, be an NI rate activity treated as a separate trade, and
(c)the company subsequently becomes a NIRE company.
(2)The expenditure is to be treated as incurred on the first day of the first chargeable period in which the company is a NIRE company.
(3)Subsection (4) applies if—
(a)a partnership that does not have a Northern Ireland regional establishment incurs expenditure for the purposes of a trade,
(b)the activities for the purposes of which the expenditure is incurred would, if the partnership were a Northern Ireland Chapter 7 firm, be an NI rate activity treated as a separate trade, and
(c)the partnership subsequently becomes a Northern Ireland Chapter 7 firm.
(4)The expenditure is to be treated as incurred on the first day of the first chargeable period in which the partnership is a Northern Ireland Chapter 7 firm.
(5)In this section “Northern Ireland regional establishment” has the same meaning as in Part 8B of CTA 2010 (see Chapter 5 of that Part as read, in relation to a partnership, with section 357WA(4) of that Act).]
Textual Amendments
F1S. 439A inserted (with effect in accordance with s. 5 of the amending Act) by Corporation Tax (Northern Ireland) Act 2015 (c. 21), Sch. 1 para. 14
(1)Expenditure on the acquisition of land, or rights in or over land, is not qualifying expenditure.
(2)But that does not prevent such expenditure from being qualifying expenditure so far as it is referable to the acquisition of—
(a)a building or structure already constructed on the land,
(b)rights in or over such a building or structure, or
(c)plant or machinery which forms part of such a building or structure.
(3)For the purposes of subsection (2), the expenditure is to be apportioned in a just and reasonable manner.