Part 13Additional relief for expenditure on research and development

Chapter 7Relief for SMEs and large companies: vaccine research etc

Tax avoidance

1112Artificially inflated claims for relief or tax credit

(1)

To the extent that a transaction is attributable to arrangements entered into wholly or mainly for a disqualifying purpose, it is to be disregarded for the purposes mentioned in subsection (2).

(2)

Those purposes are—

(a)

determining for an accounting period relief to which a company is entitled under this Chapter, and

(b)

determining for an accounting period R&D tax credits to which a company is entitled under this Chapter.

(3)

Arrangements are entered into wholly or mainly for a “disqualifying purpose” if their main object, or one of their main objects, is to enable a company to obtain—

(a)

relief under this Chapter to which it would not otherwise be entitled,

(b)

relief under this Chapter of a greater amount than that to which it would otherwise be entitled,

(c)

an R&D tax credit under this Chapter to which it would not otherwise be entitled, or

(d)

an R&D tax credit under this Chapter of a greater amount than that to which it would otherwise be entitled.

(4)

In this section “arrangements” includes any scheme, agreement or understanding, whether or not legally enforceable.