Staffing costsU.K.
1123“Staffing costs”U.K.
(1)For the purposes of this Part the staffing costs of a company are amounts to which subsection (2), (3), (4), (5) or (7) applies.
(2)This subsection applies to an amount paid by the company to a director or an employee of the company which—
(a)is earnings consisting of money, and
(b)is paid because of the director's or employee's employment.
(3)This subsection applies to an amount paid by the company to a director or an employee of the company, other than an amount paid in respect of benefits in kind, if—
(a)the amount is paid in respect of expenses paid by the director or employee, and
(b)the amount is paid because of the director's or employee's employment.
(4)This subsection applies to secondary Class 1 national insurance contributions paid by the company.
(5)This subsection applies to compulsory contributions paid by the company in respect of benefits for directors or employees of the company under the social security legislation of an EEA State F1... or Switzerland.
(6)In subsection (5) “social security legislation” means legislation relating to any of the branches of social security listed in Article 3(1) of Regulation (EC) No. 883/2004 of the European Parliament and of the Council on the co-ordination of social security systems [F2as it had effect in the UK immediately before IP completion day].
(7)This subsection applies to contributions paid by the company to a pension fund operated for the benefit of directors or employees of the company.
(8)In subsection (7) “pension fund” means a scheme, fund or other arrangement established and maintained (whether in the United Kingdom or elsewhere) for the purpose of providing pension benefits.
For this purpose “scheme” includes a deed, agreement or series of agreements.
(9)In subsection (8) “pension benefits” means pensions, retirement annuities, allowances, lump sums, gratuities or other superannuation benefits (with or without subsidiary benefits).
Textual Amendments
F1Words in s. 1123(5) omitted (31.12.2020) by virtue of The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 16(21) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in s. 1123(6) substituted (31.12.2020) by The Taxes (State Aid) (Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1499), regs. 1, 5(2)
Modifications etc. (not altering text)
C1S. 1123 applied (with modifications) by 2010 c. 4, s. 357BLB(7)(a) (as inserted (with effect in accordance with s. 64(7) of the amending Act) by Finance Act 2016 (c. 24), s. 64(3))
1124Staffing costs: attributable expenditureU.K.
(1)This section applies for the purposes of this Part to identify when staffing costs are attributable to relevant research and development.
(2)The costs which are so attributable are those paid to, or in respect of, directors or employees who are directly and actively engaged in relevant research and development.
(3)Subsection (4) applies if a director or employee is partly engaged directly and actively in relevant research and development.
(4)The appropriate proportion of the staffing costs relating to the director or employee is treated as attributable to relevant research and development.
(5)Subsection (6) applies if persons provide services, such as secretarial or administrative services, in support of activities carried on by others.
(6)Those persons are not, as a result of providing those services, to be treated as themselves directly and actively engaged in those activities.
Modifications etc. (not altering text)
C2S. 1124 applied (with modifications) by 2010 c. 4, s. 357BLB(7)(b) (as inserted (with effect in accordance with s. 64(7) of the amending Act) by Finance Act 2016 (c. 24), s. 64(3))
C3S. 1124(5)(6) applied by 2010 c. 4, s. 357BJB(7) (as inserted (with effect in accordance with s. 64(7) of the amending Act) by Finance Act 2016 (c. 24), s. 64(3))