Part 13... expenditure on research and development

Chapter 9Supplementary

F1Contracting out

1133Contracted out research and development

(1)

This section applies for the purposes of this Part.

(2)

A person “contracts out” research and development if—

(a)

the person enters into a contract under which activities are to be undertaken for it (whether by another party to the contract or by a sub-contractor),

(b)

the activities undertaken in order to meet the obligations owed to the person under the contract include research and development, and

(c)

it is reasonable to assume, having regard to the terms of the contract and any surrounding circumstances, that the person intended or contemplated when entering into the contract that research and development of that sort would be undertaken in order to meet those obligations.

(3)

The research and development that is “contracted out” is the research and development referred to in subsection (2)(b), to the extent that subsection (2)(c) is satisfied in relation to it.

(4)

Research and development contracted out by a person is contracted out “to”—

(a)

the party to the contract who undertakes the obligations referred to in subsection (2)(b), and

(b)

any sub-contractor who undertakes contractual responsibility for the activities needed to meet those obligations.

(5)

References to a sub-contractor include any sub-contractor at one or more removes from the contract referred to in subsection (2).

(6)

A “contractor payment” is a payment made in respect of contracted out research and development to a person to whom it is contracted out.

(7)

A payment that relates only partly to contracted out research and development is to be apportioned on a just and reasonable basis for the purposes of subsection (6).

(8)

Sections 1134 to 1136 determine the “qualifying element” of a contractor payment.