(1)This Part provides for corporation tax relief for expenditure on research and development.
(2)Relief under this Part is in addition to any deduction given under section 87 for the expenditure.
(3)Relief under Chapters 2 to 4 is available to a company which is a small or medium-sized enterprise, in particular—
(a)Chapter 2 provides for relief where the cost of in-house direct research and development or contracted out research and development is incurred by the company,
(b)Chapter 3 provides for relief where research and development is contracted out to the company, and
(c)Chapter 4 provides for relief for research and development expenditure which is subsidised or in respect of which the company is prevented from obtaining relief under Chapter 2 by the cap on aid imposed by section 1113.
(4)Relief under Chapter 5 is available to large companies (and insurance companies treated as large companies).
(5)Chapter 6 contains further provision in relation to relief under Chapters 2 to 5, in particular—
(a)section 1081 provides for certain insurance companies to be treated as large companies,
(b)section 1082 contains provision about expenditure of group companies,
(c)section 1083 contains provision in relation to refunds of certain expenditure on which relief has been obtained (treating part of those refunds as income chargeable to tax), and
(d)section 1084 contains an anti-avoidance provision dealing with artificially inflated claims for relief or R&D tax credits (as to which, see subsection (7) below).
(6)Relief under Chapter 7 is available to [F1large companies] where expenditure is incurred on vaccine or medicine research.
(7)[F2Chapter 2 also provides] for the payment of tax credits (“R&D tax credits”) where a company which is a small or medium-sized enterprise—
(a)obtains relief under Chapter 2 F3..., and
(b)makes, or is treated as making, a trading loss.
(8)Chapter 8 contains provision limiting the amount of relief available under Chapter 2 or 7 in relation to expenditure on a particular research and development project.
(9)Chapter 9 contains supplementary provision, including definitions.
(10)For information about the procedure for making claims under this Part see Schedule 18 to FA 1998, in particular Part 9A of that Schedule (claims for R&D tax reliefs).
Textual Amendments
F1Words in s. 1039(6) substituted (with effect in accordance with Sch. 3 para. 38 of the amending Act) by Finance Act 2012 (c. 14), Sch. 3 para. 16(2)
F2Words in s. 1039(7) substituted (with effect in accordance with Sch. 3 para. 38 of the amending Act) by Finance Act 2012 (c. 14), Sch. 3 para. 16(3)(a)
F3Words in s. 1039(7)(a) omitted (with effect in accordance with Sch. 3 para. 38 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 3 para. 16(3)(b)
Expenditure may be eligible for relief under more than one Chapter of this Part.
In this Part “research and development” has the meaning given by [F4section 1138 of CTA 2010].
Textual Amendments
F4Words in s. 1041 substituted (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 666 (with Sch. 2)
(1)In this Part “relevant research and development”, in relation to a company, means research and development—
(a)related to a trade carried on by the company, or
(b)from which it is intended that a trade to be carried on by the company will be derived.
(2)Research and development related to a trade carried on by a company includes—
(a)research and development which may lead to or facilitate an extension of the trade, and
(b)research and development of a medical nature which has a special relation to the welfare of workers employed in the trade.
(3)But any reference to “relevant research and development” which applies for the purposes of Chapter 7 (relief for F5... large companies: vaccine research etc) is to be read as if subsection (2)(b) were omitted.
Textual Amendments
F5Words in s. 1042(3) omitted (with effect in accordance with Sch. 3 para. 38 of the amending Act) by virtue of Finance Act 2012 (c. 14), Sch. 3 para. 17