Part 13Additional relief for expenditure on research and development

Chapter 6Chapters 2 to 5: further provision

1081Insurance companies treated as large companies

1

This section applies if an insurance company—

a

carries on life assurance business in an accounting period, and

b

is a small or medium-sized enterprise in the period.

2

For the purposes of Chapters 2 to 5 the company is to be treated as if it were not such an enterprise in the period.

3

Accordingly the company is to be treated as a large company for the purposes of Chapter 5.

1082R&D expenditure of group companies

1

This section applies if—

a

a company (“A”) incurs expenditure on making a payment to another company (“B”) in respect of activities contracted out by A to B,

b

the activities would, if carried out by A, be research and development of A (taken together with A’s other activities), and

c

A and B are members of the same group at the time the payment is made.

2

If the activities are undertaken by B itself, they are to be treated for the purposes of Chapters 3 and 5 (so far as it would not otherwise be the case) as research and development undertaken by B itself.

3

If B makes a payment to a third party (“C”), any of the activities—

a

contracted out by B to C, and

b

undertaken by C itself,

are to be treated for the purposes of Chapters 3 and 5 (so far as it would not otherwise be the case) as research and development contracted out by B to C.

4

For the purposes of this section A and B are members of the same group if they are members of the same group of companies for the purposes of Chapter 4 of Part 10 of ICTA (group relief).

1083Refunds of expenditure treated as income chargeable to tax

1

This section applies if a company receives a payment (“the refund”) refunding the whole or any part of expenditure—

a

to which subsection (2) applies, and

b

in respect of which the company obtains relief under Chapter 3, 4 or 5.

2

This subsection applies to—

a

qualifying Chapter 3 expenditure to which section 1067 applies (expenditure on sub-contracted R&D not undertaken in-house),

b

qualifying Chapter 4 expenditure (subsidised expenditure on R&D),

c

capped R&D expenditure, and

d

qualifying Chapter 5 expenditure which is—

i

qualifying expenditure on contracted out research and development under section 1078, or

ii

qualifying expenditure on contributions to independent research and development under section 1079.

3

30% of the refund is to be treated as income of the company chargeable to tax under Chapter 2 of Part 3 for the accounting period in which the refund is made.

4

But subsection (3) does not apply if, because of section 1080(4) (gross roll-up business), the relief obtained in respect of the expenditure concerned is an additional deduction in calculating for corporation tax purposes the profits of gross roll-up business of the company.

5

In that case 30% of the refund is to be treated as income which is—

a

referable to the gross roll-up business, and

b

chargeable, for the accounting period in which the refund is made, under the charge to corporation tax on income.

1084Artificially inflated claims for relief or tax credit

1

To the extent that a transaction is attributable to arrangements entered into wholly or mainly for a disqualifying purpose, it is to be disregarded for the purposes mentioned in subsection (2).

2

Those purposes are—

a

determining for an accounting period relief to which a company is entitled under Chapters 2 to 5, and

b

determining for an accounting period R&D tax credits to which a company is entitled under Chapter 2.

3

Arrangements are entered into wholly or mainly for a “disqualifying purpose” if their main object, or one of their main objects, is to enable a company to obtain—

a

relief under Chapters 2 to 5 to which it would not otherwise be entitled,

b

relief under Chapters 2 to 5 of a greater amount than that to which it would otherwise be entitled,

c

an R&D tax credit under Chapter 2 to which it would not otherwise be entitled, or

d

an R&D tax credit under Chapter 2 of a greater amount than that to which it would otherwise be entitled.

4

In this section “arrangements” includes any scheme, agreement or understanding, whether or not legally enforceable.