F1PART 8AProfits arising from the exploitation of patents etc
CHAPTER 7Supplementary
Cost-sharing arrangements
357GCZCF2R&D undertaken or contracted out by another party to CSA
1
Subsection (2) applies if—
a
a company is a party to a cost-sharing arrangement, and
b
another party to the arrangement (“P”) undertakes research and development for the purpose of creating or developing the invention.
2
The research and development is to be treated for the purposes of sections 357BLC and 357BLD as having been contracted out by the company to P.
3
Subsection (4) applies if—
a
a company is a party to a cost-sharing arrangement,
b
another party to the arrangement (“P”) contracts out to another person (“A”) research and development for the purpose of creating or developing the invention, and
c
the company makes a payment under the arrangement in respect of that research and development (whether to P or to A).
4
For the purposes of sections 357BLC and 357BLD—
a
the company is to be treated as having contracted out to P research and development which is the same as that contracted out by P to A, and
b
the payment mentioned in subsection (3)(c) is to be treated as if it were a payment made to P in respect of the research and development the company is treated as having contracted out to P.
5
In this section “research and development” has the meaning given by section 1138.
Pt. 8A inserted (with effect in accordance with Sch. 2 paras. 7, 8 of the amending Act) by Finance Act 2012 (c. 14), Sch. 2 para. 1(1)