BN 05: Amendments to the Research & Development Tax Relief Schemes
Who is likely to be affected?
1. Companies making claims to relief under the Research and Development (R&D) relief schemes.
General description of the measure
2. In line with a key recommendation of the Cox Review, the Government
intends to provide additional support to firms with between 250 and 500
employees through R&D tax credits, subject to the outcome of state aid
discussions with the European Commission. Further details of the
proposals will be published later this year.
3. Two minor changes are being made to the rules governing R&D tax relief and vaccines research relief in Finance Bill 06. These changes:
- align the claims process and time limits for claims to enhanced deductions with those for payable credits; and
- extend the categories of qualifying expenditure to include payments made to clinical trial volunteers.
4. Both these changes were announced in Supporting growth and innovation: next steps for the R&D tax credit, published in December 2005.
Operative date
5. The changes to the claims process will apply, for all three schemes, for accounting periods ending on or after 31 March 2006. Transitional rules will apply in the case of accounting periods ending before that date.
6. The operative date for the extension of qualifying expenditure will be as follows:
- in the case of the ‘large company’ R&D scheme (Schedule 12 FA 2002), 1 April 2006; and
- in the case of the R&D scheme for small and medium enterprises and vaccines research relief, a date to be appointed by Treasury Order. This will allow the extension to take effect once state aids approval has been received.
Current law and proposed revisions
7. Schedule 20 Finance Act 2000 provides for tax relief for small and
medium sized companies undertaking qualifying R&D activities. A 50%
enhancement of qualifying expenditure can be claimed under the scheme and
in some circumstances this can lead to a payable tax credit. Schedule 12
Finance Act 2002 provides for tax relief for large companies undertaking
qualifying R&D activities. Large companies can claim a 25% enhancement
of their qualifying expenditure under this scheme. Schedule 13 Finance Act
2002 provides for tax relief for companies of all sizes carrying vaccine
research. The relief is in the form of a 50% enhancement of qualifying expenditure
and in the case of small and medium companies can result in a payable tax
credit.
8. Under Schedule 20 Finance Act 2000 and Schedule 13 Finance Act 2002
companies must make, amend or withdraw claims to payable tax credits in
their tax returns and the time limit for doing this is the first anniversary
of the filing date for the return. There are no specific rules for claims
to
enhanced deductions. The normal rules for claims therefore apply and such
claims can currently be made up to six years from the end of the accounting
period to which they relate.
9. The new rules align the process and time limits for making tax credit
claims and for making claims for the enhanced deduction. All companies will
be required to make, amend or withdraw their claim to the enhanced deduction
by the first anniversary of the filing date for the tax return. Transitional
rules will apply in the case of claims to the enhanced deduction for accounting
periods ended before 31 March 2006. Such claims will need to be made by
the earlier of the current time limit for claims (six years after the end
of the relevant accounting period) and 31 March 2008.
10. The amendment extends the categories of qualifying expenditure to
include payments made to clinical trial volunteers for taking part in the
trials. In the case of the SME R&D scheme and vaccines research relief,
which are notified state aids, this extension is subject to approval by
the European
Commission.
Further advice
11. If you have any questions about these changes, please contact Grusheka Lowton on 020 7147 2573 or Lynn Carroll on 020 7147 2636. Information about Budget measures is now available.
