Finance (No. 2) Bill

Session 2012 - 13
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Finance (No. 2) Bill

Finance (No. 2) Bill
Schedule 14 — R&D expenditure credits
Part 1 — Amendments of CTA 2009
242

(b)
any person otherwise than in the course of carrying on a
chargeable trade.
(3)
A “chargeable trade” is—
(a)
a trade, profession or vocation carried on wholly or partly in
the United Kingdom, the profits of which are chargeable to
5
income tax under Chapter 2 of Part 2 of ITTOIA 2005, or
(b)
a trade carried on wholly or partly in the United Kingdom,
the profits of which are chargeable to corporation tax under
Chapter 2 of this Part.
(4)
Condition B is that the expenditure is expenditure to which section
10
104D or 104E applies.
104D
Expenditure on sub-contracted R&D undertaken in-house
(1)
This section applies to expenditure on research and development
contracted out to a company if conditions A, B and C are met.
(2)
Condition A is that the research and development is undertaken by
15
the company itself.
(3)
Condition B is that the expenditure is—
(a)
incurred on staffing costs (see section 1123),
(b)
incurred on software or consumable items (see section 1125),
(c)
qualifying expenditure on externally provided workers (see
20
section 1127), or
(d)
incurred on relevant payments to the subjects of a clinical
trial (see section 1140).
(4)
Condition C is that the expenditure is attributable to relevant
research and development in relation to the company.
25
(5)
See sections 1124, 1126 and 1132 for provision about when
expenditure within subsection (3)(a), (b) or (c) is attributable to
relevant research and development.
104E
Expenditure on sub-contracted R&D not undertaken in-house
(1)
This section applies to expenditure on research and development
30
contracted out to a company if conditions A, B and C are met.
(2)
Condition A is that the expenditure is incurred in making payments
to—
(a)
a qualifying body,
(b)
an individual, or
35
(c)
a firm, each member of which is an individual,

in respect of research and development contracted out by the
company to the body, individual or firm.
(3)
Condition B is that the research and development is undertaken by
the body, individual or firm itself.
40
(4)
Condition C is that the expenditure is attributable to relevant
research and development in relation to the company.

Finance (No. 2) Bill
Schedule 14 — R&D expenditure credits
Part 1 — Amendments of CTA 2009
243

(5)
See sections 1124, 1126 and 1132 for provision about when particular
kinds of expenditure are attributable to relevant research and
development.
SMEs: subsidised qualifying expenditure
104F
Subsidised qualifying expenditure
5

For the purposes of this Chapter a company’s “subsidised qualifying
expenditure” means—
(a)
its subsidised qualifying expenditure on in-house direct
research and development (see section 104G), and
(b)
its subsidised qualifying expenditure on contracted out
10
research and development (see section 104H).
104G
Subsidised qualifying expenditure on in-house direct R&D
(1)
A company’s “subsidised qualifying expenditure on in-house direct
research and development” means expenditure incurred by it in
relation to which each of conditions A to D is met.
15
(2)
Condition A is that the expenditure is subsidised.
(3)
Condition B is that the expenditure is—
(a)
incurred on staffing costs (see section 1123),
(b)
incurred on software or consumable items (see section 1125),
(c)
qualifying expenditure on externally provided workers (see
20
section 1127), or
(d)
incurred on relevant payments to the subjects of a clinical
trial (see section 1140).
(4)
Condition C is that the expenditure is attributable to relevant
research and development undertaken by the company itself.
25
(5)
Condition D is that the expenditure is not incurred by the company
in carrying on activities which are contracted out to the company by
any person.
(6)
See sections 1124, 1126 and 1132 for provision about when
expenditure within subsection (3)(a), (b) or (c) is attributable to
30
relevant research and development.
104H
Subsidised qualifying expenditure on contracted out R&D
(1)
A company’s “subsidised qualifying expenditure on contracted out
research and development” means expenditure—
(a)
which is incurred by it in making the qualifying element of a
35
sub-contractor payment (see sections 1134 to 1136), and
(b)
in relation to which each of conditions A to E is met.
(2)
Condition A is that the expenditure is subsidised.
(3)
Condition B is that the sub-contractor is—
(a)
a qualifying body,
40
(b)
an individual, or
(c)
a firm, each member of which is an individual.

Finance (No. 2) Bill
Schedule 14 — R&D expenditure credits
Part 1 — Amendments of CTA 2009
244

(4)
Condition C is that the body, individual or firm concerned
undertakes the contracted out research and development itself.
(5)
Condition D is that the expenditure is attributable to relevant
research and development in relation to the company.
(6)
Condition E is that the expenditure is not incurred by the company
5
in carrying on activities which are contracted out to the company by
any person.
(7)
See sections 1124, 1126 and 1132 for provision about when particular
kinds of expenditure are attributable to relevant research and
development.
10
SMEs: capped R&D expenditure
104I
Capped R&D expenditure

For the purposes of this Chapter a company’s “capped R&D
expenditure” means any expenditure—
(a)
in respect of which the company is not entitled to relief under
15
Chapter 2 of Part 13 merely because of section 1113 (cap on
R&D aid),
(b)
which is not qualifying expenditure on sub-contracted R&D,
and
(c)
which would have been qualifying R&D expenditure had the
20
company been a large company throughout the accounting
period in question.
Large companies: qualifying R&D expenditure
104J
Qualifying expenditure on in-house direct R&D
(1)
A company’s “qualifying expenditure on in-house direct research
25
and development” means expenditure incurred by it in relation to
which conditions A, B and C are met.
(2)
Condition A is that the expenditure is—
(a)
incurred on staffing costs (see section 1123),
(b)
incurred on software or consumable items (see section 1125),
30
(c)
qualifying expenditure on externally provided workers (see
section 1127), or
(d)
incurred on relevant payments to the subjects of a clinical
trial (see section 1140).
(3)
Condition B is that the expenditure is attributable to relevant
35
research and development undertaken by the company itself.
(4)
Condition C is that, if the expenditure is incurred in carrying on
activities contracted out to the company, the activities are contracted
out by—
(a)
a large company, or
40
(b)
any person otherwise than in the course of carrying on a
chargeable trade.
(5)
A “chargeable trade” is—

Finance (No. 2) Bill
Schedule 14 — R&D expenditure credits
Part 1 — Amendments of CTA 2009
245

(a)
a trade, profession or vocation carried on wholly or partly in
the United Kingdom, the profits of which are chargeable to
income tax under Chapter 2 of Part 2 of ITTOIA 2005, or
(b)
a trade carried on wholly or partly in the United Kingdom,
the profits of which are chargeable to corporation tax under
5
Chapter 2 of this Part.
(6)
See sections 1124, 1126 and 1132 for provision about when
expenditure within subsection (2)(a), (b) or (c) is attributable to
relevant research and development.
104K
Qualifying expenditure on contracted out R&D
10
(1)
A company’s “qualifying expenditure on contracted out research
and development” means expenditure incurred by it in relation to
which each of conditions A to D is met.
(2)
Condition A is that the expenditure is incurred in making payments
to—
15
(a)
a qualifying body,
(b)
an individual, or
(c)
a firm, each member of which is an individual,

in respect of research and development contracted out by the
company to the body, individual or firm concerned (“the contracted
20
out R&D”).
(3)
Condition B is that the body, individual or firm concerned
undertakes the contracted out R&D itself.
(4)
Condition C is that the expenditure is attributable to relevant
research and development in relation to the company.
25
(5)
Condition D is that, if the contracted out R&D is itself contracted out
to the company, it is contracted out by—
(a)
a large company, or
(b)
any person otherwise than in the course of carrying on a
chargeable trade.
30
(6)
A “chargeable trade” is—
(a)
a trade, profession or vocation carried on wholly or partly in
the United Kingdom, the profits of which are chargeable to
income tax under Chapter 2 of Part 2 of ITTOIA 2005, or
(b)
a trade carried on wholly or partly in the United Kingdom,
35
the profits of which are chargeable to corporation tax under
Chapter 2 of this Part.
(7)
See sections 1124, 1126 and 1132 for provision about when particular
kinds of expenditure are attributable to relevant research and
development.
40
104L
Qualifying expenditure on contributions to independent R&D
(1)
A company’s “qualifying expenditure on contributions to
independent research and development” means expenditure
incurred by it in relation to which each of conditions A to E is met.
(2)
Condition A is that the expenditure is incurred in making payments
45
to—

Finance (No. 2) Bill
Schedule 14 — R&D expenditure credits
Part 1 — Amendments of CTA 2009
246

(a)
a qualifying body,
(b)
an individual, or
(c)
a firm, each member of which is an individual,

for the purpose of funding research and development carried on by
the body, individual or firm concerned (“the funded R&D”).
5
(3)
Condition B is that the funded R&D is relevant research and
development in relation to the company.
(4)
Condition C is that the funded R&D is not contracted out to the
qualifying body, individual or firm concerned by another person.
(5)
Condition D is that, if the payment is made to an individual, the
10
company is not connected with the individual when the payment is
made.
(6)
Condition E is that, if the payment is made to a firm (other than a
qualifying body), the company is not connected with any member of
the firm when the payment is made.
15
Amount of credit
104M
Amount of R&D expenditure credit
(1)
The amount of the R&D expenditure credit to which a company is
entitled for an accounting period is the relevant percentage of the
amount of the company’s qualifying R&D expenditure for the
20
period.
(2)
In the case of a ring fence trade, the relevant percentage is 49%.

In this subsection “ring fence trade” has the meaning given by
section 277 of CTA 2010.
(3)
In any other case, the relevant percentage is 10%.
25
(4)
The Treasury may by order replace the percentage for the time being
specified in subsection (2) or (3) with a different percentage.
(5)
An order under subsection (4) may contain incidental, supplemental,
consequential and transitional provision and savings.
Payment of credit
30
104N
Payment of R&D expenditure credit
(1)
This section applies if a company is entitled to an R&D expenditure
credit for an accounting period under this Chapter.
(2)
The amount to which the company is entitled in respect of the R&D
expenditure credit (“the set-off amount”) is to be treated in the
35
following way—

Step 1

The set-off amount is to be applied in discharging any liability of the
company to pay corporation tax for the accounting period.

If any of the set-off amount is remaining, go to step 2.
40

Step 2

Finance (No. 2) Bill
Schedule 14 — R&D expenditure credits
Part 1 — Amendments of CTA 2009
247


If the amount remaining after step 1 is greater than the company’s
total expenditure on workers for the accounting period (see section
104O)—
(a)
that amount is to be reduced to the amount of that
expenditure (which may be nil), and
5
(b)
so much of the amount remaining after step 1 as is greater
than the amount of that expenditure is to be treated for the
purposes of this section as an amount of R&D expenditure
credit to which the company is entitled for its next accounting
period.
10

If any of the set-off amount is remaining, go to step 3.

Step 3

The amount remaining after step 2 is to be applied in discharging any
liability of the company to pay corporation tax for any other
accounting period.
15

If any of the set-off amount is remaining, go to step 4.

Step 4

If the company is a member of a group, it may surrender the whole
or any part of the amount remaining after step 3 to any other member
of the group (see section 104Q).
20

If no such surrender is made, or any of the set-off amount is
otherwise remaining, go to step 5.

Step 5

Deduct from the amount remaining after step 4 the following
amounts—
25
(a)
an amount equal to the corporation tax that would be
chargeable on the amount if it was an amount of profits (or in
the case of a ring fence trade, ring fence profits) of the
company for the accounting period and corporation tax on
such profits was chargeable at the main rate, and
30
(b)
in the case of a ring fence trade, an amount equal to the
supplementary charge that would be chargeable on the
amount if it was an amount of adjusted ring fence profits for
the accounting period.

For provision about the treatment of any amount so deducted, see
35
section 104R.

Step 6

The amount remaining after step 5 is to be applied in discharging any
other liability of the company to pay a sum to the Commissioners
under or by virtue of an enactment or under a contract settlement.
40

If any of the set-off amount is remaining, go to step 7.

Step 7

The amount remaining after step 6 is payable to the company by an
officer of Revenue and Customs.

But this is subject to section 104S (restrictions on payment of R&D
45
expenditure credit).

Finance (No. 2) Bill
Schedule 14 — R&D expenditure credits
Part 1 — Amendments of CTA 2009
248

(3)
In this section—
“adjusted ring fence profits” has the meaning given by section
330(2) of CTA 2010,
“the Commissioners” means the Commissioners for Her
Majesty’s Revenue and Customs,
5
“contract settlement” means an agreement made in connection
with any person’s liability to make a payment to the
Commissioners under or by virtue of an enactment,
“ring fence profits” has the meaning given by section 276 of
CTA 2010, and
10
“ring fence trade” has the meaning given by section 277 of CTA
2010.
104O
Total expenditure on workers
(1)
For the purposes of section 104N, the amount of a company’s total
expenditure on workers for an accounting period is the sum of—
15
(a)
the relevant portion of the company’s staffing costs for the
period (see subsection (2)), and
(b)
if the company is a member of a group and has incurred
expenditure on any externally provided workers, the
relevant portion of any staffing costs for the period incurred
20
by another member of the group (the “relevant group
company”) in providing any of those workers for the
company (see subsection (3)).
(2)
The relevant portion of the company’s staffing costs for an
accounting period is the amount of those costs that—
25
(a)
are paid to, or in respect of, directors or employees who are
directly and actively engaged in relevant research and
development (whether they are wholly or partly so engaged),
and
(b)
form part of the total amount of the company’s PAYE and
30
NIC liabilities for the accounting period (see section 104P).
(3)
The relevant portion of any staffing costs for an accounting period
incurred by a relevant group company in providing externally
provided workers for the company is the sum of the amounts to be
determined in the case of each of those workers as follows—
35

Step 1

Calculate the amount of expenditure that—
(a)
has been incurred by the relevant group company in
providing the externally provided worker for the company,
(b)
has been incurred on staffing costs, and
40
(c)
forms part of the total amount of the relevant group
company’s PAYE and NIC liabilities for the accounting
period (see section 104P).

Step 2

Calculate the percentage (the “appropriate percentage”) given by—
45