SCHEDULES

C1SCHEDULE 12Tax relief for expenditure on research and development

Annotations:
Modifications etc. (not altering text)
C1

Sch. 12 modified (with effect as specified in art. 2 of the commencing S.I. of the commencing S.I.) by Finance Act 2004 (c. 12), s. 53(2)(6); S.I. 2004/3268, art. 2

Part 1Entitlement to relief for R&D expenditure: large companies

1Entitlement to relief under this Part

1

A company (in this Part referred to as “the company”) is entitled to tax relief under this Part for an accounting period if—

a

it is a large company throughout that period, and

b

its qualifying R&D expenditure for that period is not less than—

i

F1£10,000, if the accounting period is a period of 12 months, or

ii

such amount as bears to F2£10,000 the same proportion as the accounting period bears to 12 months.

2

For the purposes of this paragraph the company’s qualifying R&D expenditure is “for an accounting period” if it is deductible in computing for tax purposes the profits for that period of a trade carried on by the company (including expenditure that is so deductible by virtue of section 401 of the Taxes Act 1988).

2Meaning of “large company" and “small or medium-sized enterprise"

1

For the purposes of this Schedule—

a

large company” means a company that does not qualify as a small or medium-sized enterprise; and

b

small or medium-sized enterpriseF5has the meaning given by paragraph 2(1) of Schedule 20 to the Finance Act 2000.

2

The Treasury may by order amend sub-paragraph (1)(b) so as to substitute another definition of “small or medium-sized enterprise" for the definition that is for the time being effective for the purposes of this Schedule.

3Qualifying R&D expenditure

For the purposes of this Schedule the company’s “qualifying R&D expenditure” is—

a

its qualifying expenditure on direct research and development (see paragraph 4),

b

its qualifying expenditure on sub-contracted research and development (see paragraph 5), and

c

its qualifying expenditure on contributions to independent research and development (see paragraph 6).

4Qualifying expenditure on direct research and development

1

The company’s qualifying expenditure on direct research and development is expenditure incurred by it where the following conditions are satisfied.

2

The first condition is that the expenditure is incurred on research and development directly undertaken by the company.

F33

The second condition is that the expenditure—

a

is incurred on staffing costs,

b

is incurred on F4software or consumable items , or

c

is qualifying expenditure on externally provided workers.

4

The third condition is that the expenditure is attributable to relevant research and development in relation to the company.

5

The fourth condition is that the expenditure is not of a capital nature.

6

The fifth condition is that, if the expenditure is incurred in carrying on activities contracted out to the company, they are contracted out—

a

by a large company, or

b

by any person otherwise than in the course of a trade, profession or vocation

F6i

the profits of which are chargeable to tax under Case I or II of Schedule DF7, or

ii

which is carried on wholly or partly in the United Kingdom and the profits of which are chargeable to tax under Chapter 2 of Part 2 of the Income Tax (Trading and Other Income) Act 2005.

5Expenditure on research and development directly undertaken on company’s behalf

1

The company’s qualifying expenditure on sub-contracted research and development is expenditure incurred by it where the following conditions are satisfied.

2

The first condition is that the expenditure is incurred in making payments to—

a

a qualifying body,

b

an individual, or

c

a partnership, each member of which is an individual,

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

3

The second condition is that the sub-contracted research and development is directly undertaken on behalf of the company by the body, individual or partnership concerned.

4

The third condition is that the expenditure is attributable to relevant research and development in relation to the company.

5

The fourth condition is that the expenditure is not of a capital nature.

6

The fifth condition is that, if the sub-contracted R&D is itself contracted out to the company, it is contracted out—

a

by a large company, or

b

by any person otherwise than in the course of a trade, profession or vocation

F8i

the profits of which are chargeable to tax under Case I or II of Schedule DF9, or

ii

which is carried on wholly or partly in the United Kingdom and the profits of which are chargeable to tax under Chapter 2 of Part 2 of the Income Tax (Trading and Other Income) Act 2005.

6Qualifying expenditure on contributions to independent research and development

1

The company’s qualifying expenditure on contributions to independent research and development is expenditure incurred by it where the following conditions are satisfied.

2

The first condition is that the expenditure is incurred in making payments to—

a

a qualifying body,

b

an individual, or

c

a partnership, each member of which is an individual,

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

3

The second condition is that the funded R&D is relevant research and development in relation to the company.

4

The third condition is that the funded R&D is not contracted out to the qualifying body, individual or partnership concerned by another person.

5

The fourth condition is that—

a

if the payment is made to an individual, the company is not connected with the individual when the payment is made, and

b

if the payment is made to a partnership (other than a qualifying body), the company is not connected with any member of the partnership when the payment is made.