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R&D Tax Credits

R&D Tax Credits: What You Need To Know

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R&D Tax Relief is a Government backed incentive designed to encourage innovation and increase spending on Research and Development activities for companies operating in the UK.

Claims are often overlooked because business owners may over-estimate the level of innovation that is required in order to claim, do not know about the incentive, or simply suspect that it is too good to be true!

Qualifying projects are those that aim to advance the overall knowledge or capability in a field of science or technology through the resolution of scientific or technological uncertainties. Such projects may create or appreciably improve a process, material, device or product.

This means that a wide variety of business sectors can potentially qualify for R&D relief. It is not just ‘men in white coats!’

Prior to 1 April 2024 there were two R&D reliefs available, the first being the R&D Tax Credit scheme for SME’s and the second being the ‘Research & Development Expenditure Credit’ (RDEC) for larger companies.

For the purposes of R&D tax credits an SME must have fewer than 500 staff and either a turnover of less than €100 million or a balance sheet of less than €86 million. If the company has external investors or has received state aid grants, this could affect its SME status. Under some circumstances the company could claim under the separate scheme for large companies instead.

HMRC’s recent attitude towards R&D relief claims has become far stricter after a drastic increase in enquiries into R&D claims, irrespective of whether the claims are justifiable. It appears as though HMRC’s approach to R&D is to reduce the amount of false or inaccurate claims where real R&D is not present. In light of this shift in attitude it is now even more important to ensure your R&D claims are completed and filed by qualified agents capable of correctly processing the numerous documents required to file a successful R&D claim.

SME Relief for Accounting Periods Starting Before 1 April 2023

For SMEs, a deduction of 230% of the amount spent on R&D can be made from taxable profits, reducing the corporation tax due. For loss making companies, the scheme allows up to 33.35% of a company’s R&D spend to be recovered as a cash repayment. Please note relief is tapered from 230% to 186% for spend incurred post 1 April 2023, subsequent credit is also decreased from 14.5% to 10% as detailed below.

It is worth noting that R&D claims that start before 1 April 2023 but end after 1 April 2023 will have expenditure relieved at pre and post 1 April 2023 rates respectively. The same is true for the enhancement and credit claimed on said expenditure.

SME Relief for Accounting Periods Starting After 1 April 2023

As mentioned prior, post 1 April 2023 a deduction of 186% of the amount spent on R&D can be made from taxable profits, reducing the corporation tax due or enabling loss making companies relief of R&D spend to be recovered by way of a cash credit, at 10% of the lower of unrelieved trading losses and the total R&D qualifying expenditure.

For periods starting after 1 April 2023, HMRC reintroduced an additional verification process called the ‘Additional Information Form’ (AIF). This form is a pre-requisite to filing a full R&D claim and provides HMRC with further details surrounding the R&D claim being filed. Please note an AIF form must be filed to HMRC before the subsequent R&D claim is made, otherwise HMRC will reject the claim. 

R&D Relief for Accounting Periods Starting After 1 April 2024

SME R&D tax relief and the Research and Development Expenditure Credit (RDEC) will be merged for accounting periods beginning on or after 1 April 2024, although an enhanced rate for R&D intensive SMEs will continue to be available in line with the intensity thresholds detailed below.

The merged scheme moves to a single rate and set of qualifying rules with elements from the existing two schemes, including clarification of subcontracted out and subsidised R&D. Restrictions on overseas R&D also come into force from 1 April 2024. More detail regarding the merged scheme is explained below.

 

 
 
 

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Example of a profit-making SME Before 1 April 2023

Taxable profit (before R&D claim enhancement) £500,000
Corporation Tax liability on profit at 19% rate £95,000
Qualifying R&D expenditure £250,000
Enhanced R&D expenditure (130%) £325,000
Taxable profit after R&D Claim (£500,000 – £325,000) £175,000
Adjusted Corporation Tax liability at 19% rate £33,250
Corporation Tax saving £61,750

Example of loss-making SME Before 1 April 2023

Trading Loss (excluding R&D enhancement) £200,000
Corporation Tax nil
R&D expenditure £150,000
Loss available to be surrendered: Lower of unrelieved trading Loss (£200,000 + £150,000) = £350,000 or
230% of qualifying R&D expenditure  (£150,000 x 230%)
£345,000
Refund from HMRC (14.5% of £345,000) £50,025

Example of a profit-making SME Post 1 April 2023

Taxable profit (before R&D claim enhancement) £500,000
Corporation Tax liability on profit at 25% rate £125,000
Qualifying R&D expenditure £250,000
Enhanced R&D expenditure (86%) £215,000
Taxable profit after R&D Claim (£500,000 – £215,000) £285,000
Adjusted Corporation Tax liability at 25% rate £71,250
Corporation Tax saving £53,750

Example of loss-making SME Post 1 April 2023

Trading Loss (excluding R&D enchancement) £200,000
Corporation Tax nil
R&D expenditure £150,000
Loss available to be surrendered: Lower of unrelieved trading Loss (£200,000 + £150,000) = £350,000 or
186% of qualifying R&D expenditure (£150,000 x 186%)
£279,000
Refund from HMRC (10% of £279,000 )
Or if intensive
Refund from HMRC (14.5% of £279,000)

£27,900

£40,455

SME R&D Intensity Calculations for Accounting Periods Starting After 1 April 2023 & After 1 April 2024

For a company to be considered R&D intensive for Enhanced R&D Intensive Support (ERIS), a company must meet the intensity threshold. For expenditure incurred on or after 1 April 2023, this threshold was set at 40%. This was subsequently decreased to 30% for accounting periods beginning on or after 1 April 2024, in line with the merged R&D scheme.

A one-year grace period applies for companies who drop below the threshold for R&D intensity. This is intended to protect businesses from moving in and out of the enhanced rate retrospectively, which would have implications for financial planning.

To calculate a company’s intensity ratio, the relevant R&D expenditure for the period needs to be divided by the total relevant expenditure for the period, where: Relevant R&D expenditure equals qualifying R&D expenditure (per your R&D claim) combined with that of any connected companies.

Total relevant expenditure equals trading expenditure per the P&L, plus any qualifying pre-trading expenditure, plus any amounts deducted in your tax computation under section 1308 CTA 2009, minus any related amortisation added back in your tax computation under section 1308 CTA 2009, minus any expenditure on connected companies. Again, this should be combined with the total relevant expenditure of any connected companies.

In order for the ERIS to apply, your company must be in a loss-making position. ERIS only impacts the tax credit claim available to a company. The effect is an increase from the reduced standard credit of 10% to the pre 1 April 2023 credit rate of 14.5%.

We appreciate the new ERIS rules provide an additional layer of complexity to an already complicated relief scheme. If you require assistance navigating the ERIS application for your company, please get in touch and we will endeavour to simplify the scheme further. 

New SME & RDEC Merged R&D Relief Scheme for Accounting Periods Starting After 1 April 2024

Having been confirmed within the Autumn 2023 statement, the new scheme marks a major change in the way R&D relief will be given to companies operating within the UK. The changes made are significant and effective within a very short timeframe.

If you are an SME, you need to identify whether you fall under the R&D intensive incentive or the merged scheme. You will also need to consider whether the decision to carry out R&D sits within your business or elsewhere in the supply chain. Generally, companies will not be able to make a claim if R&D has been contracted to them.

The new merged scheme functions very similarly to the RDEC previously available to large companies and select SME’s. There are however some key differences. Please get in touch if you would like to know more and one of our team would be happy to assist.

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Additional Reporting Requirements for Accounting Periods Starting After 1 April 2023

  • In addition to the above, HMRC has also increased the compliance requirements for R&D relief claims. There are 3 process options for making R&D claims post 1 April 2023 which have been detailed below and are dependent on your R&D history:

    • Option 1: If  R&D relief claims have never been made by your company, you are required to complete what is called ‘Advanced Assurance’ with HMRC, which effectively requires a pre-validation application whereby HMRC can either approve or deny your future R&D claims. Should you be approved, you can make 3 years’ worth of R&D claims without the risk of an enquiry (subject to drastic changes from the approved figures). In the growing enquiry situation within R&D, this has proven to be an extremely beneficial process for new claimant companies and provides significant peace of mind when making future claims.
    • Option 2: For companies who have claimed R&D in the past but not for at last 3 consecutive periods prior to the current claim period, HMRC require a ‘Notification to File’ be submitted ahead of any AIF or subsequent claim. The purpose of the notification is to pre-validate your upcoming claims. Its function is very similar to an advanced assurance but is less strenuous and in turn does not provide the same level of enquiry protection. The deadline for filing the NTF is 6 months after the period ends, in which R&D is being claimed. For example, a period ending 31 December 2024 would require an NTF to be filed with HMRC by 30 June 2025 at the latest.
    • Option 3: For companies who have made R&D relief claims successfully in the prior 3 accounting periods, advanced assurance or notification is not required. HMRC only require the AIF to be filed ahead of the full claim report and associated documents.

    If you are unsure which option best suits your company, please get in touch and we can help you navigate HMRC’s new and opaque R&D relief claim process.

Research & Development Expenditure Credits (RDEC) Relief

The RDEC scheme is the UK Government tax incentive designed to reward innovative companies for investing in Research and Development (R&D). It is primarily used by large companies but can, under specific circumstances, be used by SME companies.

There are two iterations of the RDEC incentive currently available. Which one is relevant depends on the accounting period for which you are considering making an R&D claim.

  • For accounting periods starting on or after 1 April 2024, a merged scheme for R&D tax relief will apply for companies of all sizes, alongside a separate scheme for loss making R&D intensive SMEs. There are many similarities between the merged RDEC scheme and the original RDEC incentive, but there are some material differences in the rules – further detail of this is included below.
  • For accounting periods starting prior to 1 April 2024, the RDEC incentive is claimed by large companies and some SMEs who cannot access the SME incentive for contracted-out or subsidised R&D. This is also detailed below.

RDEC Relief for Accounting Periods Starting Before 1 April 2023

For accounting periods that ended prior to 31 March 2023, the RDEC rate was 13%. The credit was taxable at the Corporation Tax rate of 19%, please note this was before the 25% tax rate was introduced.

The credit was then offset against the company’s tax liability or payable by way of cash.

The net benefit of the RDEC worked out at 10.53% (being the gross credit less Corporation Tax). Effectively every £1 of qualifying spend on R&D, the company would get back 10.53p by CT reduction or payable credit.

RDEC Relief for Accounting Periods Starting After 1 April 2023

For accounting periods that end on or after 1 April 2023, the RDEC rate increased from 13% to 20%. The credit is taxable at the normal Corporation Tax rate, being 19% or 25% depending on the company’s taxable profits. The credit is offset in the same way as before.

If an accounting period straddles 1 April 2023, then the expenditure prior to 1 April 2023 will be subject to the RDEC rate of 13%, while the expenditure on or after 1 April 2023 will be subject to the RDEC rate of 20%.

For expenditure incurred before 1 April 2023, the RDEC will be subject to Corporation Tax at 19%, but for expenditure incurred on or after 1 April 2023, the Corporation Tax is either 19% or 25% (and marginal relief may apply).

The net benefit from an RDEC claim in a period which overlaps 1 April 2023 will depend on the company’s taxable profits and accounting reference date.

UK Tax

RDEC Relief for Accounting Periods Starting After 1 April 2024

For accounting periods starting on or after 1 April 2024, a merged scheme for R&D tax relief will apply for companies of all sizes, alongside a separate scheme for loss making R&D intensive SMEs.

There are many similarities between the merged RDEC scheme and the original RDEC incentive, but there are some material differences in the rules. 

Example of a profit-making company claiming RDEC Before 1 April 2023

Taxable profit (before R&D claim) £1,500,000
Corporation Tax liability on profit at 19% rate £285,000
Qualifying R&D expenditure £250,000
Taxable RDEC Credit, added to profits (13% * £250,000) £32,500
Revised taxable profits £1,532,500
Corporation Tax liability at 19% rate £291,175
Less RDEC Credit £32,500
Adjust Corporation Tax Liability   £285,675
Tax Saving (£285,675 – £258,675) £26,325 

Example of loss-making company claiming RDEC Before 1 April 2023

Trading Loss (before R&D claim) £500,000
Qualifying R&D expenditure £250,000
Taxable RDEC credit, add against loss (13% * £250,000) £32,500
Tax adjustment for credit (19% * £32,500) £6,175
Amount payable to company as credit (£32,500 – £6,175) £26,325

Example of a profit-making company claiming RDEC Post 1 April 2023

Taxable profit (before R&D claim) £1,500,000
Corporation Tax due before RDEC at 25% £375,000
Qualifying R&D expenditure £250,000
Taxable RDEC Credit, added to profits (20% * £250,000) £50,000
Revised taxable profits £1,550,000
Corporation Tax liability at 25% £387,500
Less RDEC Credit £50,000
Adjust Corporation Tax Liability £338,500
Tax Saving (£375,000 – £350,625) £24,375

Example of loss-making company claiming RDEC Post 1 April 2023

Trading Loss (before R&D claim) £500,000
Qualifying R&D expenditure £250,000
Taxable RDEC credit, add against loss (20% * £250,000) £50,000
Tax adjustment for credit (19% * £50,000) £9,500
Amount payable to company as credit (£50,000 – £9,500)
NB: credit offset against outstanding liabilities prior to cash repayment

£40,500

Frequently Asked Questions:

The work must be part of a project with the aim of making an advance in science or technology. It must relate to the company’s trade, or a trade the company intends to commence. 

Common examples of projects that may qualify include:

 

  • Innovative methods of capturing, transmitting, manipulating, and protecting data;
  • State-of-the-art software for new projects, or new functionality for existing R&D projects;
  • Improvements to programming language;
  • Designing, constructing, and testing product prototypes;
  • New methods of capturing, utilising or communicating data;
  • Developing processes that would meet increasing regulatory requirements; or,
  • Streamlining manufacturing processes through automation.

Qualifying expenditure on a project includes the following:

  • Salaries, employer’s NICs and pension contributions
  • Subcontractors (restricted to 65% unless connected)
  • Software (if certain criteria are met)
  • Materials and consumables including utilities

As mentioned above, under the SME scheme, a company can deduct either 230% or 186% of its qualifying expenditure from profits, dependant on the claim period. As such, an extra 130% or 86% is deducted from taxable profits in the corporation tax computation because 100% of the cost will have been deducted in the profit and loss account.

For accounting periods beginning on or after 1 April 2021, the payable R&D tax credit that a loss-making SME can receive will be capped at £20,000 plus 300% of its total Pay as you Earn (PAYE) and National Insurance Contributions (NICs) liability for the period. The cap therefore does not apply for companies whose payable credits is not more than £20,000.

A company is exempt from the cap if:

 

  • the claimant company’s employees are creating, preparing to create, or actively managing Intellectual Property (IP);
  • it does not spend more than 15% of its qualifying R&D expenditure on subcontracting R&D to, or the provision of externally provided workers (EPWs) by, connected persons.

R&D tax credits are claimed in the Company Tax Return and take the form of a deduction in corporation tax. Because LLPs do not pay corporation tax or file a Company Tax Return, they cannot claim R&D tax credits.

R&D tax credits are claimed in the Company Tax Return which is filed with HMRC each year.

As mentioned prior there are now additional documents required depending on the circumstances surrounding your claim.

If you are unsure what documentation your company’s claim requires, please get in touch.

The Company Tax Return can be amended to include a claim for up to 2 years after the end of the accounting period. For example, the return covering the year 1 January 2022-31 December 2022 must be filed by 31 December 2023 but can be amended until 31 December 2025.

Once 24 months has elapsed following the end of the accounting period, it is no longer possible to make a claim for R&D tax credits because the Company Tax Return can no longer be amended.

To qualify for R&D tax credits, your project must seek to overcome an uncertainty in science or technology. You may be aiming to create a new product or process or changing and developing an existing project or service.

You must be able to explain what the uncertainty was, why the uncertainty existed, how you attempted to overcome the uncertainty, and why the knowledge was not already available from an expert in the field.

Clients can outsource the entire process to us, making it as straightforward and seamless as possible.

Our combined tax, legal, and accounting professionals will build and evaluate your R&D claim to maximise the relief available. We deal with everything from start to finish, including HMRC approval, the drafting of documents including, but not limited to, the claim, accompanying report, and submission of the finalised paperwork.

Case Study

Our client is involved in the production of electronics and hardware systems for the defence sector.

Through discussions with the company director we identified a number of projects both historical and ongoing that would qualify as R&D.

Having carried out a detailed analysis of the costs including staff salaries, externally provided workers and other overheads we were able to identify the appropriate allocation of these costs to the qualifying R&D activites.

A detailed claim document and related calculations were prepared and submitted to HMRC to support the claim.

To date more than £7.8m of enhanced expenditure has been claimed giving an additional tax saving of over £850,000.

CF