- Latest available (Revised)
- Point in Time (27/03/2014)
- Original (As enacted)
Version Superseded: 15/09/2016
Point in time view as at 27/03/2014.
Corporation Tax Act 2009, Cross Heading: Miscellaneous is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies to a company if—
(a)it is not within the charge to corporation tax, and
(b)it incurs qualifying Chapter 2 expenditure or qualifying Chapter 7 expenditure.
(2)For the purposes of this Part the company is treated as having the accounting periods it would have if—
(a)it carried on a trade consisting of the activities in respect of which the expenditure is incurred, and
(b)it had started to carry on that trade when it started to carry on relevant research and development.
(1)For the purposes of this Part a company's expenditure is treated as subsidised—
(a)if a notified State aid is, or has been, obtained in respect of—
(i)the whole or part of the expenditure, or
(ii)any other expenditure (whenever incurred) attributable to the same research and development project,
(b)to the extent that a grant or subsidy (other than a notified State aid) is obtained in respect of the expenditure,
(c)to the extent that it is otherwise met directly or indirectly by a person other than the company.
(2)In this section “notified State aid” means a State aid notified to and approved by the European Commission.
(3)For this purpose the following are not State aids—
(a)relief under this Part, F1...
(b)R&D tax credits under this Part.
[F2(c)R&D expenditure credits under Chapter 6A of Part 3.]
(4)For the purposes of this Part a notified State aid, grant, subsidy or payment that is not allocated to particular expenditure is to be allocated to expenditure of the recipient on a just and reasonable basis.
Textual Amendments
F1Word in s. 1138(3)(a) omitted (with effect in accordance with Sch. 15 para. 27 of the amending Act) by virtue of Finance Act 2013 (c. 29), Sch. 15 para. 2(3)
F2S. 1138(3)(c) inserted (with effect in accordance with Sch. 15 para. 27 of the amending Act) by Finance Act 2013 (c. 29), Sch. 15 para. 2(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3S. 1139 omitted (with effect in accordance with s. 13(8) of the amending Act) by virtue of Finance (No. 3) Act 2010 (c. 33), s. 13(6)
(1)For the purposes of this Part “relevant payment”, in relation to a subject of a clinical trial, means a payment made to the subject for participating in the trial.
(2)For the purposes of this Part “clinical trial” means an investigation in human subjects undertaken in connection with the development of a health care treatment or procedure.
In this Part a “payment period” means a period—
(a)which ends on the fifth day of a month, and
(b)for which the company is liable to account for income tax and national insurance contributions to an officer of Revenue and Customs.
(1)For the purposes of this Part “qualifying body” means—
(a)a charity,
(b)an institution of higher education,
[F4(c)an association (in the sense that word has in section 469(1)(a) of CTA 2010) which meets conditions A and B in that section (conditions for qualifying as a scientific research association),]
(d)a health service body within the meaning of [F5section 986] of that Act, or
(e)any other body prescribed, or of a description prescribed, by the Treasury, by order, for the purposes of this Part.
(2)In subsection (1)(b) “institution of higher education” means—
(a)an institution within the higher education sector within the meaning of the Further and Higher Education Act 1992 (c. 13),
(b)an institution within the higher education sector within the meaning of Part 2 of the Further and Higher Education (Scotland) Act 1992 (c. 37) or a central institution within the meaning of the Education (Scotland) Act 1980 (c. 44), or
(c)a higher education institution within the meaning of Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12)).
(3)An order under this section is to have effect in relation to the accounting periods or expenditure specified in the order.
(4)The order may specify accounting periods beginning, or expenditure incurred, before the time the order is made.
Textual Amendments
F4S. 1142(1)(c) 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. 676(a) (with Sch. 2)
F5Words in s. 1142(1)(d) 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. 676(b) (with Sch. 2)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: