Corporation Tax Bill
l
Part 13
Additional relief for expenditure on research and development
Chapter 1
Introduction
Introductory
1039
Overview of Part
1040
Relief may be available under more than one Chapter of Part
Interpretation
1041
“Research and development”
1042
“Relevant research and development”
Chapter 2
Relief for SMEs: cost of R&D incurred by SME
1043
Overview of Chapter
Reliefs
1044
Additional deduction in calculating profits of trade
1045
Alternative treatment for pre-trading expenditure: deemed trading loss
Reliefs: further provision
1046
Relief only available where company is going concern
1047
Elections under section 1045
1048
Treatment of deemed trading loss under section 1045
1049
Restriction on consortium relief
Threshold
1050
R&D threshold
Qualifying expenditure
1051
Qualifying Chapter 2 expenditure
1052
Qualifying expenditure on in-house direct R&D
1053
Qualifying expenditure on contracted out R&D
Tax credit: entitlement and payment
1054
Entitlement to and payment of tax credit
1055
Meaning of “Chapter 2 surrenderable loss”
1056
Amount of trading loss which is “unrelieved”
1057
Tax credit only available where company is going concern
li
Amount of tax credit
1058
1059
Total amount of company’s PAYE and NIC liabilities
Supplementary
1060
Payment of tax credit
1061
Tax credit payment not income of company
1062
Restriction on losses carried forward where tax credit claimed
Chapter 3
Relief for SMEs: R&D sub-contracted to SME
Relief
1063
1064
1065
Qualifying Chapter 3 expenditure
1066
Expenditure on sub-contracted R&D undertaken in-house
1067
Expenditure on sub-contracted R&D not undertaken in-house
Chapter 4
Relief for SMEs: subsidised and capped expenditure on R&D
1068
1069
1070
Qualifying Chapter 4 expenditure
1071
Subsidised qualifying expenditure on in-house direct R&D
1072
Subsidised qualifying expenditure on contracted out R&D
1073
Capped R&D expenditure
Chapter 5
Relief for large companies
1074
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1075
1076
Qualifying Chapter 5 expenditure
1077
1078
1079
Qualifying expenditure on contributions to independent R&D
Insurance companies
1080
Entitlement to relief: I minus E basis
Chapter 6
Chapters 2 to 5: further provision
1081
Insurance companies treated as large companies
1082
R&D expenditure of group companies
1083
Refunds of expenditure treated as income chargeable to tax
1084
Artificially inflated claims for relief or tax credit
Chapter 7
Relief for SMEs and large companies: vaccine research etc
1085
1086
Meaning of “qualifying R&D activity”
1087
Deduction in calculating profits of trade
1088
Large companies: declaration about effect of relief
1089
SMEs: amount of deduction
1090
Modification of section 1089 for larger SMEs
1091
Large companies: amount of deduction
1092
SMEs: deemed trading loss for pre-trading expenditure
1093
Modification of section 1092 for larger SMEs
1094
Relief only available to SME where company is going concern
Deemed trading loss: further provision
1095
Elections under section 1092
1096
Treatment of deemed trading loss under section 1092
1097
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1098
Meaning of “qualifying Chapter 7 expenditure”
1099
SMEs: qualifying expenditure “for” an accounting period
1100
Large companies: qualifying expenditure “for” an accounting period
1101
1102
1103
1104
Meaning of “Chapter 7 surrenderable loss”
1105
1106
1107
1108
1109
1110
1111
Tax avoidance
1112
Chapter 8
Cap on aid for R&D
1113
Cap on R&D aid under Chapter 2 or 7
1114
Total R&D aid
1115
“The tax credits”
1116
“The actual reduction in tax liability”
1117
“The potential relief”
1118
“The notional relief”
Chapter 9
SMEs and large companies
1119
“Small or medium-sized enterprise”
1120
Qualifications to section 1119
1121
“Larger SME”
1122
“Large company”
Staffing costs
1123
“Staffing costs”
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1124
Staffing costs: attributable expenditure
Software or consumable items
1125
“Software or consumable items”
1126
Software or consumable items: attributable expenditure
Qualifying expenditure on externally provided workers
1127
“Qualifying expenditure on externally provided workers”
1128
“Externally provided worker”
1129
Qualifying expenditure on externally provided workers: connected persons
1130
Election for connected persons treatment
1131
Qualifying expenditure on externally provided workers: other cases
1132
External workers: attributable expenditure
Sub-contractor payments
1133
“Sub-contractor” and “sub-contractor payment”
1134
Qualifying element of sub-contractor payment: connected persons
1135
1136
Qualifying element of sub-contractor payment: other cases
Miscellaneous
1137
Accounting periods: company not within charge to corporation tax
1138
“Subsidised expenditure”
1139
“Intellectual property”
1140
“Relevant payments to the subjects of a clinical trial”
1141
“Payment period”
1142
“Qualifying body”
Part 14
Remediation of contaminated land
1143
Basic definitions
1144
“Qualifying land remediation expenditure”
1145
Land “in a contaminated state”
1146
“Relevant land remediation”
lv
Reliefs for expenditure on contaminated land
1147
Deduction for capital expenditure
1148
Election under section 1147
1149
Additional deduction for qualifying land remediation expenditure
1150
No relief if company responsible for contamination
Land remediation tax credit
Entitlement and payment
1151
1152
Meaning of “qualifying land remediation loss”
1153
Amount of a loss which is “unrelieved”
1154
1155
1156
1157
Exclusion for capital gains purposes of certain expenditure
1158
Special provision for life assurance business
General
1159
Limitation on relief under Chapter 2
I minus E basis
1160
Provision in respect of I minus E basis
Relief for qualifying Chapter 4 expenditure
1161
Relief in respect of I minus E basis: enhanced expenses payable
1162
Meaning of “qualifying Chapter 4 expenditure”
1163
Life assurance company tax credits
1164
Entitlement to tax credit
1165
Meaning of “qualifying life assurance business loss”
1166
1167
Payment of tax credit etc
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1168
Restriction on carrying forward expenses payable where tax credit claimed
1169
1170
1171
Staffing costs attributable to relevant land remediation
1172
Expenditure on materials
1173
Expenditure incurred because of contamination
1174
1175
“Qualifying expenditure on sub-contracted land remediation”: connected
persons
1176
“Qualifying expenditure on sub-contracted land remediation”: other cases
1177
1178
Persons having a “relevant connection” to a company
1179
Other definitions
Part 15
Film production
1180
1181
“Film” etc
1182
“Film production company”
1183
“Film-making activities” etc
1184
“Production expenditure”, “core expenditure” and “limited-budget film”
1185
“UK expenditure” etc
1186
“Qualifying co-production” and “co-producer”
1187
“Company tax return”
Taxation of activities of film production company
Separate film trade
1188
Activities of film production company treated as a separate trade
1189
Calculation of profits or losses of separate film trade