What can I claim?

 

Research and Development Tax Credits for Small and Medium Sized Enterprises

 

What is Research and Development?

The definition of R&D for tax purposes is based on activities that are treated as R&D under normal accounting practice. The meaning is explained by new 'Guidelines on the Meaning of R&D for Tax Purposes' issued by the Department of Trade and Industry.

How do the R&D tax credits work?

R&D tax credits mean that companies can now deduct 150%, rather than 100%, of any qualifying R&D expenditure when they calculate their taxable profits. Companies which do not make a profit can surrender their qualifying R&D losses and claim in return a cash payment of £24 for every £100 of qualifying R&D expenditure.

Who can claim R&D tax credits?

Companies can claim R&D tax credits if they are small or medium-sized and spend at least £10,000 in the year on qualifying R&D. Companies that have not yet started trading can also claim R&D tax credits.

What costs qualify for R&D tax credits?

Companies can claim R&D tax credits on their costs of employing staff to carry out the R&D, consumable stores used in the R&D, and certain costs of subcontracting R&D.

When do these costs not qualify for R&D tax credits?

Costs do not qualify for R&D tax credits if

      • they are met by another organisation or individual;
      • they are part of a project which receives State aid, such as a Government grant (although such payments may qualify for R&D tax credits under the large companies scheme at the reduced rate of 125%); or
      • the company would not own the rights to the intellectual property resulting from the R&D.

What happens if my company is not making profits?

You can surrender your trading losses in return for a cash payment. The surrenderable loss is limited to the amount of your qualifying R&D expenditure. Also, the payment cannot exceed the total amount of PAYE and Class 1 national insurance contributions paid by the company for the period.

What is the definition of small and medium-sized for R&D tax credits?

Broadly speaking, a company is small or medium-sized for R&D tax credits if, together with any company it controls by holding 25% or more of its capital or voting rights, it has:

      • fewer than 250 employees; and
      • either or both of an annual turnover not exceeding Euro 40m (about £25m) and an annual balance sheet total not exceeding Euro 27m (about £17m); and
      • less than 25% of its capital or voting rights owned by an enterprise (or jointly by several enterprises) which is not itself small or medium-sized.

 

How can companies claim R&D tax credits?

You can claim the R&D tax credit and the R&D payment in your company's tax return.

You can find out more details about tax reliefs for research and development, including R&D tax credits at www.inlandrevenue.gov.uk/randd

 

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