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Why aren’t you claiming R&D Tax Credits?

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R&D Relief is a Corporation Tax relief that may reduce your company or organisation’s tax bill.

Alternatively, if your company or organisation is small or medium-sized, you may be able to choose to receive a tax credit instead, by way of a cash sum paid by HM Revenue and Customs (HMRC)

But your company or organisation can only claim R&D Relief if it’s liable for Corporation Tax.

The Small and Medium-sized Enterprise Scheme

This scheme has higher rates of relief. Since 1 April 2015, the tax relief on allowable R&D costs is 230% – that is, for each £100 of qualifying costs, your company or organisation could have the income on which Corporation Tax is paid reduced by an additional £130 on top of the £100 spent. It also includes a payable credit in some circumstances.

The Large Company Scheme

If your company isn’t small or medium-sized, then you can only claim under the Large Company Scheme.

Since 1 April 2008, the tax relief on allowable R&D costs is 130% – that is, for each £100 of qualifying costs, your company or organisation could have the income on which Corporation Tax is paid reduced by an additional £30 on top of the £100 spent. If instead there’s an allowable trading loss for the period, this can be increased by 30% of the qualifying R&D costs – £30 for each £100 spent. This loss can be carried forwards or back in the normal way.

Government Statistics show a steady growth in claims

R&D

Construction Examples of R&D

  • The investigation into the removal of contamination from sites, including land remediation
  • Advancements in structural techniques that aid construction relating to  unusual ground conditions
  • The innovative use of green or sustainable methods and technology
  • Development or adaptation of tools to improve efficiency
  • The use of new or unique materials, e.g. recycled products
  • Improvement on existing construction methods or development of new ideas to solve ongoing issues related to the site environment or project specifications
  • Innovative architectural design

IT Systems Examples of R&D

  • The design, construction and testing of systems, devices or processes e.g. new hardware or software components, digital interface and control systems
  • Integration of legacy and new systems e.g. following a corporate merger or acquisition, the adoption of an Enterprise Architecture or externally with partners in joint ventures
  • Advances in network management and operational tools, development of wired or wireless technologies, designing mobile and interactive services, evolution of new generation network switching and control systems
  • Data intensive activities e.g. the collection, storage and analysis, distribution and retrieval. Defining or working with new or emerging data models and metadata standards, integration with third party content

These examples and more are shown on the Cost Care Website

There are also examples by Industry on the Alma CG website

http://www.taxdonut.co.uk/blog/2014/12/beginners-guide-claiming-rd-tax-credits-infographic

These are the key questions that you will be asked when requesting an R&D Tax Credit from HMRC:

  1. How was it decided that R&D had taken place
  2. A description of the scientific & technological advance sought
  3. The uncertainties involved
  4. How and when the uncertainties were resolved
  5. Why the knowledge being sought was not readily deducible by a competent professional
  6. Were any grants, subsidies or contributions received for the project within the claim
  7. Who owns the Intellectual Property of the products resulting from the R&D
  8. Was the R&D carried out for others ie clients, this could mean your claim is rejected

This HMRC Spreadsheet will help you calculate your Claim

R&D Google

steve@bicknells.net

R&D – impact on director remuneration

It’s generally more tax efficient for a director shareholder to extract the majority of profit from a company as dividends rather than salary. But what if the company is undertaking R&D? Is this still the optimum remuneration strategy?

Example

You are the sole director in a company that undertakes some R&D.  The annual profit is estimated at £140,000 for the year ended 31 March 2016 before taking into account the director’s remuneration.

You might think that the most tax-efficient remuneration package is £10,600 for 2015/16 to cover the personal allowance and then net dividends of £28,606 to take the director up to the basic rate band. You also need to consider whether the company can make an R&D relief claim and, if it can, how this might affect your decision.

Salary vs Dividends

If the director takes a typical remuneration package, then the net tax and NI savings over taking a salary of £39,206 would be £5,265, assuming the £2,000 employment allowance is available.  This saving is made because dividends received within the basic rate band attract no further income tax plus no NI for the director or the company. This more than outweighs the additional corporation tax suffered on profits retained for dividends.

Taking R&D relief into account

From 1 April 2015 the R&D tax credit for SMEs increased from 225% to 230%.  There is no R&D uplift on dividends received – only on salary. This means that paying a £39,206 salary would actually result in a saving over taking a small salary and dividends of £1,208.

What about a larger salary? In fact, if the client wanted to take out more than the basic rate band, then the salary may become even more tax efficient.  A £70,000 salary would result in net tax/NI due of £1,366 after the R&D relief (assuming there was sufficient profit to offset the CT relief), whereas a salary of £10,600 and net dividends of £59,400 would result in net tax/NI of £5,883 – so the saving by taking a salary over dividends is £4,517.

HMRC will generally not accept 100% of a director’s salary costs within the R&D claim unless it can be clearly demonstrated that the director was exclusively involved in R&D activity.

Pension contributions

While dividends don’t qualify as eligible staff costs for R&D claims, company pension contributions do.  New pension freedoms make pension contributions a much more attractive option, so you might want to consider this as part of your remuneration package.

If a company makes pension contributions of £40,000 for the director and they spend 60% of their time on R&D, the R&D relief on this will be £55,200 (£40,000 x 60% x 230%). This means that the overall CT saving on the pension contribution will be £14,240 (((£40,000 x 40%) + £55,200) x 20%). As there’s no NI due on pension contributions, this is an even more efficient option than taking additional salary.

The default response of a dividend being more tax efficient than salary may not be applicable if the director undertakes R&D work for the company as there’s no R&D uplift on dividends. So it’s vital to crunch the numbers before agreeing the most tax-efficient remuneration strategy.

Get the best deal for yourself

For advice on the best split between salary and dividends or help with setting up a limited company and registering for VAT, please contact Alterledger.

Tax Efficiency Is Part Of A Board’s Duty To Shareholders.

MCS Corp Logo

by Greville Warwick

It is the case that we see a lot of Large and Small companies whose directors and advisers seem unaware of the availability and value of research and development tax credits and patent box. These two schemes to assist companies are actively encouraged by agencies of Government to stimulate innovation, research and development at all times.

Companies qualify, but remain unaware of qualifying criteria, which are quite simple: you must be a UK registered entity (Ltd or Plc) and a going concern for the periods claimed. If you can tick these two boxes, contact us.

mcs-corporate.com

R&D Tax Credits: Patent Box And Property Embedded Fixtures And Fittings Allowances For Commercial Properties Are Leading Government Policy Aims For UK Firms.

It is little recognised and few know very much about these very valuable and available policies for British companies. I can say this on the basis of the latest statistics published recently showing the takeup of R&D Tax Credits. Although there is improvement, the scheme is still under used and sets the UK among the lower spenders on research and development. I will remind readers that this state of affairs is not down to Government policy in the matter: no, it is the failure of directors and companies to find out and make claims for the three areas of support I set out above.

The challenge remains: what to do about the reluctance of British companies to take advantage of that which is put there for their support? There is a body of support and expertise available to SMEs and LCs. This consists of companies willing and able to work with companies’ own accountants and to represent and interact fully with each of the seven Special R&D Units run by HMRC.

Infrastructure is in place, the schemes for takeup are in place and functioning: it is up to directors to contact us, or contact someone and find a way forward for their firms. They owe this to themselves and to their shareholders and clients.

by Greville Warwick

How do you claim R&D Tax Credits?

Laboratory Collage

Research and Development (R&D) tax relief (or credit) is a company tax relief that can either reduce a company’s tax bill or, for some small or medium sized (SME) companies, provide a cash sum. It is based on the company’s expenditure on R&D.

For there to be R&D for the purpose of the tax relief, a company must be carrying on a project that seeks an advance in science or technology. It is necessary to be able to state what the intended advance is, and to show how, through the resolution of scientific or technological uncertainty, the project seeks to achieve this.

http://www.hmrc.gov.uk/manuals/cirdmanual/cird80150.htm

These are the key questions that you will be asked when requesting an R&D Tax Credit from HMRC:

  1. How was it decided that R&D had taken place
  2. A description of the scientific & technological advance sought
  3. The uncertainties involved
  4. How and when the uncertainties were resolved
  5. Why the knowledge being sought was not readily deducible by a competent professional
  6. Were any grants, subsidies or contributions received for the project within the claim
  7. Who owns the Intellectual Property of the products resulting from the R&D
  8. Was the R&D carried out for others ie clients, this could mean your claim is rejected

Amount of relief

For expenditure incurred up to and including 31 July 2008 SMEs can deduct 150% in respect of their qualifying R&D expenditure and the payable tax credit can amount to £24 for every £100 of actual R&D expenditure. For expenditure incurred on or after 1 August 2008 SMEs can deduct 175% in respect of their qualifying R&D expenditure and the payable tax credit can amount to £24.50 for every £100 of actual R&D expenditure. The rate is further increased from 1 April 2011 to 200%, and a payable credit of £25 for every £100 of spend.

Large companies can deduct 125% in respect of qualifying expenditure incurred up to and including 31 March 2008 and can deduct 130% thereafter.

Here is a template (originally created by HMRC but updated by me) to help you calculate the value of your claim it has references to relevant HMRC guidance.

The claim is made on your corporation tax return (CT600) if you discover that you should have made a claim in a prior year its not too late, follow this link to find out how to correct prior year returns http://www.hmrc.gov.uk/ct/managing/company-tax-return/amend.htm

Case Studies and Examples

Here are some excellent examples http://www.bis.gov.uk/files/file36112.pdf

It is possible to claim for software http://www.bis.gov.uk/files/file34845.pdf

Software could be tool to enable the R&D or a goal in its own right, but simply modifying existing software isn’t R&D. It has to follow the same rules as other R&D and be an advance in science and technology.

Construction companies have claimed R&D for developing new building systems and new building technologies.

R&D could be a new process rather than an invention.

It doesn’t have to have a patent but there could be advantages to having one, such as patent box tax relief.

steve@bicknells.net

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