Finance Act 2002 (c. 23)

SCHEDULES

SCHEDULE 13 U.K. Tax relief for expenditure on vaccine research etc

Modifications etc. (not altering text)

C1 Sch. 13 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

Commencement Information

I1 Sch. 13 has effect in relation to expenditure incurred on or after 22.4.2003 by The Finance Act 2002, Schedule 13 (Appointed Day) Order 2003 (S.I. 2003/1472), art. 2 (with para. 28(1))

Part 1 U.K. Entitlement to relief

Relevant expenditure of the sub-contractor U.K.

9 (1) For the purposes of paragraph 8 the “relevant expenditure” of the sub-contractor is expenditure that—

(a) is incurred by the sub-contractor in carrying on, on behalf of the principal, the activities to which the sub-contractor payment relates, and

(b) satisfies the following conditions.

(2) The first condition is that the expenditure is not of a capital nature as regards the sub-contractor.

[F1 (3) The second condition is that the expenditure—

(a) is incurred on staffing costs,

(b) is incurred on [F2 software or consumable items] , F3 ...

[F4 (ba) is incurred on relevant payments to the subjects of a clinical trial, or]

(c) is qualifying expenditure on externally provided workers.

In applying for the purposes of this sub-paragraph (by virtue of paragraph 5 above)—paragraph 5 of Schedule 20 to the Finance Act 2000 (meaning of “staffing costs”), or paragraphs 8A to 8E of that Schedule (qualifying expenditure on externally provided workers), the references to the company shall be read as references to the sub-contractor.]

(4) The third condition is that the expenditure is not subsidised.

In applying (by virtue of paragraph 5 above) paragraph 8 of that Schedule (subsidised expenditure) for the purposes of this paragraph, the references to the company shall be read as references to the sub-contractor.

Textual Amendments

F1 Sch. 13 para. 9(3) substituted (with effect in accordance with s. 168(3)(a) of the amending Act) by Finance Act 2003 (c. 14), Sch. 31 para. 24

F2 Words in Sch. 13 substituted (with effect in accordance with s. 141(3)-(7)) by Finance Act 2004 (c. 12), s. 141(2)(c); S.I. 2005/123, art. 2

F3 Word in Sch. 13 para. 9(3)(b) repealed (with effect in accordance with s. 28(3)(5)(6) of the amending Act) by Finance Act 2006 (c. 25), Sch. 2 para. 3(4)(a), Sch. 26 Pt. 3(3); S.I. 2008/1878, art. 2

F4 Sch. 13 para. 9(3)(ba) inserted (with effect in accordance with s. 28(3)(5)(6) of the amending Act) by Finance Act 2006 (c. 25), Sch. 2 para. 3(4)(b); S.I. 2008/1878, art. 2