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Corporation Tax Act 2009

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Corporation Tax Act 2009, Cross Heading: Claims for credits is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1Claims for creditsU.K.

Textual Amendments

F1Pt. 3 Ch. 6A inserted (with effect in accordance with Sch. 15 para. 27 of the amending Act) by Finance Act 2013 (c. 29), Sch. 15 para. 1

104AR&D expenditure creditsU.K.

(1)A company carrying on a trade may make a claim for an amount (an “R&D expenditure credit”) to be brought into account as a receipt in calculating the profits of the trade for an accounting period.

(2)The company is entitled to an R&D expenditure credit for the accounting period if the company has qualifying R&D expenditure which is allowable as a deduction in calculating for corporation tax purposes the profits of the trade for the accounting period.

(3)In the case of a company that is a small or medium-sized enterprise in the accounting period, the company's “qualifying R&D expenditure” means—

(a)its qualifying expenditure on sub-contracted R&D (see section 104C),

(b)its subsidised qualifying expenditure (see section 104F), and

(c)its capped R&D expenditure (see section 104I).

(4)In the case of a company that is a large company throughout the accounting period, the company's “qualifying R&D expenditure” means—

(a)its qualifying expenditure on in-house direct research and development (see section 104J),

(b)its qualifying expenditure on contracted out research and development (see section 104K), and

(c)its qualifying expenditure on contributions to independent research and development (see section 104L).

(5)The amount of an R&D expenditure credit to which a company is entitled is determined in accordance with section 104M.

[F2(5A)This section is subject to section 104AA.]

(6)Section 104N contains provision about the effect of a successful claim for an R&D expenditure credit.

(7)Sections 104U to 104W contain provision about insurance companies and group companies.

[F3(7A)Section 104WA contains provision about ineligible companies.]

(8)Section 104X contains anti-avoidance provision.

(9)Section 104Y contains definitions.

(10)For information about the procedure for making claims under this Chapter, see Schedule 18 to FA 1998, in particular Part 9A of that Schedule.

Textual Amendments

F2S. 104A(5A) inserted (with effect in relation to accounting periods beginning on or after 1.4.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 1 paras. 1(2), 20

F3S. 104A(7A) inserted (with effect in accordance with s. 31(5) of the amending Act) by Finance (No. 2) Act 2015 (c. 33), s. 31(2)

[F4104AA Requirement to make a claim notificationU.K.

(1)A company may not make a claim under section 104A(1) (an “RDEC claim”) after the end of the claim notification period unless—

(a)the company has made an R&D claim during the period of three years ending with the last day of the claim notification period,

(b)the company makes a claim notification in respect of the RDEC claim within the claim notification period, or

(c)the accounting period in respect of which the RDEC claim is made falls within the same period of account as another accounting period in respect of which the company has made an R&D claim or a claim notification.

(2)For the purposes of subsection (1)(a) ignore any R&D claim for an accounting period beginning before 1 April 2023 that is included in the company’s company tax return only by virtue of an amendment made on or after that date (see paragraph 83B(2) of Schedule 18 to FA 1998).]

Textual Amendments

F4S. 104AA inserted (with effect in relation to accounting periods beginning on or after 1.4.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 1 paras. 1(3), 20

104BRestriction on claiming relief under Part 13 and credit for same expenditureU.K.

A company may not make a claim for an R&D expenditure credit and for relief under Part 13 (additional relief for expenditure on research and development) in respect of the same expenditure.

[F5104BARestriction on claiming other tax reliefsU.K.

(1)For provision prohibiting an R&D expenditure credit being given under this Chapter and relief being given under Chapter 3 of Part 15 (film tax relief), see section 1195(3A).

(2)For provision prohibiting an R&D expenditure credit being given under this Chapter and relief being given under Chapter 3 of Part 15A (television tax relief), see section 1216C(4).

(3)For provision prohibiting an R&D expenditure credit being given under this Chapter and relief being given under Chapter 3 of Part 15B (video games tax relief), see section 1217C(4).

[F6(4)For provision prohibiting an R&D expenditure credit being given under this Chapter and relief being given under section 1217H or 1217K (theatrical productions: additional deduction or theatre tax credit), see section 1217JA(2).]

[F7(5)For provision prohibiting an R&D expenditure credit being given under this Chapter and relief being given under Chapter 3 of Part 15E (museums and galleries exhibition tax relief), see section 1218ZCG(2).]]]

Textual Amendments

F5S. 104BA inserted (with effect in accordance with Sch. 18 para. 23 of the amending Act) by Finance Act 2013 (c. 29), Sch. 18 paras. 8, 22; S.I. 2013/1817, art. 2(2); S.I. 2014/1962, art. 2(3)

F6S. 104BA(4) inserted (with effect in accordance with Sch. 4 para. 17 of the amending Act) by Finance Act 2014 (c. 26), Sch. 4 paras. 9, 16; S.I. 2014/2228, art. 2

F7S. 104BA(5) inserted (for specified purposes and with effect in accordance with Sch. 6 paras. 20, 21(1)(b) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 6 para. 10

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