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RESEARCH AND DEVELOPMENT

R&D Tax Credits Scheme Overview

Source: HMRC

Research and Development (R&D) reliefs support companies that work on innovative projects in science and technology. It can be claimed by a range of companies that seek to research or develop an advance in their field. This includes costs incurred on unsuccessful projects.

You may be able to claim Corporation Tax relief if your project meets the definition of R&D.

 

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Projects that count as R&D

The work that qualifies for R&D relief must be part of a specific project to make an advance in science or technology. It cannot be an advance within a social science like economics or a theoretical field like pure maths.

The project must relate to your company’s trade - either an existing one, or one that you intend to start up based on the results of the R&D.

To obtain R&D relief you need to explain how a project:

  • looked for an advance in science and technology
  • had to overcome uncertainty
  • tried to overcome this uncertainty
  • could not be easily worked out by a professional in the field

Your project may research or develop a new process, product or service or improve on an existing one.

 

Advances in the field

Projects must aim to create an advance in the overall field, not just for your business. This means an advance cannot just be an existing technology that has been used for the first time in your sector.

The process, product or service can still be an advance if it’s been developed by another company but is not publicly known or available.

 

Show that a professional in the field could not work this out

Explanation as to why a professional could not easily work out your advance.

You can do this by showing that other attempts to find a solution had failed.

You can also show that the people working on your project are professionals in that field and asking them to explain the uncertainties involved.

 

Show there was uncertainty

A scientific or technological uncertainty exists when an expert on the subject cannot say if something is technologically possible or how it can be done - even after referring to all available evidence.

This means that your company or experts in the field cannot already know about the advance or the way you achieved it.

 

Explain how you tried to overcome the uncertainty

Demonstrating that the R&D needed research, testing and analysis to develop it.

Explanation of the work carried out to overcome the uncertainty. This can include the successes and failures you had during the project.

 

Work out when the R&D activity starts and ends

The R&D activity starts when you begin working to resolve the uncertainty. You’ll need to identify the technical issues that need to be resolved, and make sure there is not an existing solution that has already been worked out.

The R&D activity ends when you solve the uncertainty or stop working on it. The activity you claim R&D relief for should end once you have a working prototype that solves the problem, and before you go into production.

Your R&D may restart if you find another scientific or technological uncertainty after you’ve started producing the product. If this happens, you can claim for further R&D while you try to resolve it.

Costs you can claim

Companies can claim certain costs on the project from the date you start working on it until you develop or discover the advance, or the project is stopped.

 

Employee costs

For staff working directly on the R&D project, you can claim a proportion of their:

  • Salaries/wages
  • Employers NI
  • Employers pension contributions

Companies can claim for administrative or support staff who work to directly support a project. For example, human resources used to recruit a specific person to work on the project. You cannot claim for clerical or maintenance work that would have been done anyway, like managing payroll.

You can claim 65% of the relevant payments made to an external agency if they provide staff for the project.

 

Subcontractor costs

Companies can claim 65% of the relevant costs of using a subcontractor for your R&D activities.

 

Software

Companies can claim for software licence fees bought for R&D and a reasonable share of the costs for software partly used in your R&D activities.

 

Consumable items

Companies can claim for the relevant proportion of consumable items used up in the R&D. This includes:

  • materials
  • utilities

 

Clinical trials volunteers

For R&D projects in the pharmaceutical industry, you can claim for payments made to volunteers involved in clinical tests.

 

Types of R&D relief

There are different types of R&D relief depending on the size of your company and whether the project has been subcontracted to you or not.

 

Small and medium sized enterprises (SME) R&D Relief

Companies can claim SME R&D relief if you’re a SME with:

  • less than 500 staff
  • a turnover of under 100 million euros or a balance sheet total under 86 million euros

Companies may need to include linked companies and partnerships when you work out if you’re a SME.

SME R&D relief allows companies to:

  • deduct an extra 130% of their qualifying costs from their yearly profit, as well as the normal 100% deduction, to make a total 230% deduction
  • claim a tax credit if the company is loss making, worth up to 14.5% of the surrenderable loss

 

Research and Development Expenditure Credit

Large companies can claim a Research and Development Expenditure Credit (RDEC) for working on R&D projects.

It can also be claimed by SMEs and large companies who’ve been subcontracted to do R&D work by a large company.

The RDEC is a tax credit for 11% of your qualifying R&D expenditure up to 31 December 2017 and 12% from 1 January 2018.

 

PATENT BOX

Patent Box Scheme Overview

Source: HMRC

The Patent Box scheme enables companies to apply a lower rate of Corporation Tax to profits earned after 1 April 2013 from its patented inventions. The lower rate of Corporation Tax to be applied is 10%.

Who can benefit?

You can only benefit from the Patent Box if your company is liable to Corporation Tax and makes a profit from exploiting patented inventions.

Your company must also own or exclusively license-in the patents and must have undertaken qualifying development on them.

If your company is a member of a group, it may qualify if another company in the group has undertaken the qualifying development.

 

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Which patents are eligible and what must be done with them?

You can benefit from the Patent Box if your company owns or exclusively licenses-in patents granted by the:

  • UK Intellectual Property Office
  • European Patent Office
  • Following countries in the European Economic Area:
    • Austria
    • Bulgaria
    • Czech Republic
    • Denmark
    • Estonia
    • Finland
    • Germany
    • Hungary
    • Poland
    • Portugal
    • Romania
    • Slovakia
    • Sweden

Your company or another group company must also have undertaken qualifying development for the patent by making a significant contribution to either:

  • the creation or development of the patented invention
  • a product incorporating the patented invention

 

Groups of companies

If your company is a member of a group, it must also actively own the patented invention by taking a significant role in managing its whole portfolio of eligible patents.

Your company doesn’t have to make all the decisions regarding the portfolio, but it must undertake a significant amount of the management.

 

Exclusively licensing-in patents

Patent holders may wish to license their inventions for others to develop. If your company holds licenses to use others’ technology it may still be able to benefit from the Patent Box. But to do so it must meet all of the following conditions.

It must have:

  • rights to develop, exploit and defend rights in the patented invention
  • one or more rights to the exclusion of all other persons (including the licensor)
  • exclusivity throughout at least an entire national territory - rights to manufacture or sell within part of a country, for example, would not qualify as exclusive

Also, the licensee must either be able to bring infringement proceedings to defend its rights or be entitled to most of the damages awarded in successful proceedings relating to its rights.

The exclusive licensing conditions are relaxed for groups of companies. This recognises that one company in the group may own a portfolio of patents while another exploits them.

 

Income earned from exploiting patented inventions

Not all of your company profits may come from exploiting patented inventions. To be relevant IP (intellectual property) income, it must come from at least one of the following:

  • selling patented products - that is sales of the patented product or products incorporating the patented invention or bespoke spare parts
  • licensing out patent rights
  • selling patented rights
  • infringement income
  • damages, insurance or other compensation related to patent rights

Your company can also benefit from the Patent Box if it uses a manufacturing process that is patented or provides a service using a patented tool. In these circumstances, you will need to calculate a notional royalty.

 

How and when to claim

An election needs to be made to benefit from the reduced rate of Corporation Tax that applies to the Patent Box. This can be done in the computations accompanying your Company Tax Return or separately in writing. This must be made within 2 years after the end of the accounting period in which the relevant profits and income arose.

There is no box on the Company Tax Return for making the election. Instead you apply the reduced 10% rate by subtracting an additional trading deduction from your Corporation Tax profits. This is calculated using the following formula:

RP × FY% × ((MR - IPR) ÷ MR)

In the formula:

  • RP is the profits of a company’s trade relevant to Patent Box
  • FY% is the appropriate percentage for each financial year
  • MR is the main rate of Corporation Tax
  • IPR is the reduced rate of 10%

This approach is used to avoid complications if you claim losses or other reliefs. So before you can calculate the deduction, you must calculate the amount of your profits that qualify for Patent Box.

 

Examples

If a company has trade Corporation Tax profits of £1,000 in the financial year from 1 April 2015, which qualify in full for the Patent Box, and the main rate of tax is 22%, then instead of arriving at a tax charge of £100 by multiplying £1000 by 10%, the calculation is:

Calculation

Amount

Profits chargeable to Corporation Tax

£1,000

Patent Box deduction = £1000 × 80% ((22 - 10) ÷ 22)

£436

Profits chargeable to Corporation Tax

£564

Tax payable = £564 × 22%

£124

Where your company’s accounting period falls within more than one financial year you will need to apportion the profits, your company earns from its patented inventions in that accounting period to each financial year.

For example, a company has trade Corporation Tax profits of £1,000 in the year ended 31 December 2016 which qualify in full for the Patent Box, the profits are apportioned as follows:

Profits falling in financial year 2015 (1 January 2016 to 31 March 2016) 91/366 × £1,000 = £249

Profits falling in financial year 2016 (1 April 2016 to 31 December 2016) 275/366 × £1,000 = £751

 

Calculation

Amount

Profits chargeable to Corporation Tax

£1,000

Patent Box deduction = (£249 × 80% + £751 x 90%) × ((22 - 10) ÷ 22)

£478

Profits chargeable to Corporation Tax

£522

Tax payable = £522 × 22%

£114