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Corporation Tax Act 2009

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This is the original version (as it was originally enacted).

Threshold

1050R&D threshold

(1)For the purposes of this Chapter a company meets the R&D threshold in an accounting period if its total qualifying R&D expenditure for the period is at least—

(a)£10,000, if the accounting period is a period of 12 months, or

(b)the amount given by subsection (2), if the accounting period is a period of less than 12 months.

(2)The amount referred to in subsection (1)(b) is—

where X is the number of days in the accounting period.

(3)A company’s “total qualifying R&D expenditure” for an accounting period is the sum of—

(a)its qualifying Chapter 2 expenditure (see section 1051),

(b)its qualifying Chapter 3 expenditure (see section 1065), and

(c)its qualifying Chapter 4 expenditure (see section 1070),

that is deductible in the period.

(4)Subsections (5) to (7) apply for the purpose of determining whether expenditure is deductible in an accounting period.

(5)A company’s qualifying Chapter 2 expenditure is deductible in an accounting period if—

(a)it is allowable as a deduction in calculating for corporation tax purposes the profits for the period of a trade carried on by the company, or

(b)it would have been allowable as such a deduction had the company, at the time the expenditure was incurred, been carrying on a trade consisting of the activities in respect of which it was incurred.

(6)For the purposes of subsection (5)(a), section 61 (pre-trading expenses treated as incurred when trading begins) is to be ignored.

(7)Each of the following—

(a)a company’s qualifying Chapter 3 expenditure, and

(b)a company’s qualifying Chapter 4 expenditure,

is deductible in an accounting period if it is allowable as a deduction in calculating for corporation tax purposes the profits for the period of a trade carried on by the company.

(8)Expenditure allowable as a deduction for the purposes of subsection (7) includes expenditure so allowable because of section 61 (pre-trading expenses).

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