R&D Tax Relief Scheme ‘ It was as true...as taxes is. And nothing’s truer than them.’ David Copperfield by Charles Dickens
Background on R&D Tax Relief
SME scheme introduced in April 2000.
Programme expanded to Large Companies in 200 2 .
To encourage the development of new and improved products and processes.
Responding to creation of similar programs in foreign countries (US, France, Spain, Canada).
Level of support ranges from 7½% to 24% of qualified expenditure s by way of tax reduction or credit .
Only available to registered companies.
Background on R&D Tax Relief
Program statistics (as of the end of 2005):
In 2006, ONLY 45% of eligible companies have filed a claim.
Location of company affects claim rate (low uptake in areas such as the Midlands, South West, and North East - cite lack of program awareness).
R&D Rules - General
To Qualify
Must be an incorporated business.
Must be subject to corporation tax.
R&D must relate to company’s trade or business.
Expenditures must be deductible in computing the profit of the company (exception for intangible assets).
Minimum spend annually must be more than ₤10,000.
SME vs. Large Company Scheme
Small-Medium sized Enterprises (SMEs): Post EU Prior EU
Approval Approval
Must have employees less than 500 250
AND
Meets one of the 2 following tests
1) Turnover less than €100m €50m
2) balance sheet total less than €86m €43m
Figures are aggregated for linked enterprises (Appendix C.1)
Large Company :
Is one that is not an SME
Note:
SME can elect to claim under LC scheme.
SME vs. Large Company Scheme *Note: R&D done under contract will likely not qualify. SME scheme Large company scheme 150% rate of enhanced deduction (175% Post EU enhancement) 125% rate of enhanced deduction 130% after April 1, 2008 Payable credit at £24 for every £100 of qualifying expenditure on R&D No payable credit Company can claim for expenditure on R&D it sub-contracts to others Company can only claim for expenditure on R&D it carries out itself, unless it sub-contracts R&D in certain limited circumstances to certain entities (qualifying body or individual) Company cannot claim for contributions to independent research Company can claim for contributions to independent research Claim is reduced if the R&D project is subsidised or a grant is received in respect of it No reduction for grant or subsidy Company must own the intellectual property arising out of the R&D* Company need not own the intellectual property arising out of the R&D
What are the Benefits of Making an R&D Claim?
Examples of claims:
For every £ 100,000 a company spends on qualifying R&D expenditures:
An SME might recover between £9,000 and £24,000
A large company can recover £7,500.
What is an eligible R&D project ?
Technological uncertainty :
‘ knowledge of whether something is scientifically possible or technologically feasible, or how to achieve it in practice, is not readily available or deducible by a competent professional working in the field.’
Technological advance :
‘ an advance in overall knowledge or capability in field of science of technology.’
‘ an advance may have tangible consequences (new product or process) or intangible outcomes (new knowledge or cost improvements)
Systematic investigation:
‘ involves the use of a predetermined method for studying a specific topic, answering a specific question(s), testing a specific hypothesis(es), or developing theory.’
The R and D uncertainty loop
The 7 P’s
Problems
Patents
PhD / Professors
Pilot schemes
Prototypes
Process improvements
Modelling
Step changes in performance
Innovations / inventions
What are uncertainties?
Precision Reliability Achievability
Integrity Compatability Durability
Accuracy Longevity Serviceability
Practicality Integrity Efficiency
Unknown Repeatability Scalability
Effectiveness Sustainability Performance
SMEs
Staffing costs for R&D employees
Materials, water, fuel and power for R&D.
Software directly used in the R&D.
Subcontracting out R&D activities or paying an external staff provider for R&D.
Unconnected 65%
Connected –cost to connected company.
Large
Same as above except generally contractors are not eligible.
Can claim for contributions to independent research.
No reduction of expenditures for grants received.
Note: 1. Minimum annual R&D spend of ₤10,000 required.
2. Above expenditures must be deductible in computing the company's profit
for tax purposes in the accounting period. An exception exists for intangible
assets.
3. Payment of expenditures must be made before claim accepted.
What qualifying expenditures are eligible?
Examples of successful claims
Integration of software products
Colour changes in a plastic cap for a 5g water bottle
New welding techniques for railway lines
Air structures for refloating a 240m ship off Goa in India
New inspection techniques for fractures in glass bottles
Process changes for reducing the size of beefburgers
Filing Deadline
Claims must be filed within 2 years of the accounting period.
eg A company with a filing on 31 July 2009, can claim for FY07 (01 August 2006 – 31 July 2007)
Dealing with HMRC
Creation of 7 regional centres to specialise in assessing R&D claims mostly applies to SMEs:
Cambridge , Croydon , Leicester , Maidstone , Manchester , Southampton , Cardiff (covering Wales, Scotland and Northern Ireland) .
Services
Assess claim method and select either: i) the small and medium sized (SME) company or, ii) the large company method.
Identify eligible R&D projects.
Identify R&D costs and relate to eligible projects.
Prepare detailed R&D cost schedule and prepare document describing R&D projects, and how R&D projects meet the eligibility criteria.
Meet with client’s key scientific technical and financial personnel to review the R&D claim and complete RDP’s checklist to ensure the claim is maximized and complete.
Prepare R&D corporate tax forms.
Participate in HMRC review subsequent to filing.
Recommendations on how to set up a system to identify, capture and document eligible R&D.
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