r&d tax reliefs: not just lab coats and microscopes! guang deng r&d tax manager leyton uk

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R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

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Page 1: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

R&D tax reliefs: Not just lab coats and microscopes!

Guang DengR&D Tax ManagerLeyton UK

Page 2: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

UK R&D Tax Relief and the ‘Above the Line’ Tax

Credit

Patent Box

Appendix

Contents

Page 3: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

CCH has partnered with Leyton UK to provide a Research and Development service for clients

Leyton has over 530 advisers specialised in their field – including engineers, scientists and IT/software experts

Further information:—CCH advice lines 0844 5618100—[email protected]

CCH and Leyton

Page 4: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

UK R&D Tax Relief and the ‘Above the Line’ Tax

Credit

Page 5: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

Expenditure based tax incentive

Super deduction­ The uplift ­ Enhance tax deductible expenditure against taxable profit

SME vs large company

Resulting tax benefits vary depending on company tax position

From 1 August 2008

Number of employees; and < 500

Turnover; or ≤ €100 million

Total Assets ≤ €86 million

UK R&D Tax Relief and the ‘Above the Line’ Tax Credit

Page 6: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

An example of comparison

Figures shown are shown for illustration purposes* Tax Rate may vary according to company tax position* Calculated as 12.5% of the 200% Enhanced Expenditure

SME SchemeLarge

Company SchemeLoss Profit

Qualifying R&D Expenditure

£ 100,000 £ 100,000 £ 100,000

Uplift £ 100,000 £ 100,000 £ 30,000

Enhanced Expenditure £ 200,000 £ 200,000 £ 130,000

Tax Rate* 0% 20% 24%

Credit £ 25,000* N/A N/A

Relief N/A £ 20,000 £ 7,200

UK R&D Tax Relief and the ‘Above the Line’ Tax Credit

Page 7: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

SME Scheme Large Company Scheme

225% of enhanced deduction since 01/04/2012

(200% from Apr 2011, 175% from Apr 2010)

130% of enhanced deduction since 01/04/2008

Payable tax credit (see Appendix IV for more details)

No payable tax credit, yet

Subcontracting costs can be included Subcontracting costs can be included

(subject to restrictions)

Claim may be reduced if the R&D project is subsidised

No reduction on relief for grants or subsidies received

UK R&D Tax Relief and the ‘Above the Line’ Tax Credit

Page 8: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

The Payable Tax Credit is only available to SMEs

Tax loss-making position

Losses can be surrendered in return for cash due from HMRC

Tax credit is capped by the company’s PAYE & NIC

contributions paid (abolished 1 April 2012, subject to state aid

approval)

Are large company losing out?

UK R&D Tax Relief and the ‘Above the Line’ Tax Credit

Page 9: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

The Above the Line (ATL) tax credit – 9.1% return (before

tax)

Visibility and signal to international investors

Large companies better off, compared to now

Effective from 1 April 2013

Stage 2 consultation

Accounting and tax impact

UK R&D Tax Relief and the ‘Above the Line’ Tax Credit

Page 10: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

R&D definition – unchanged for tax purposes

BIS Guidelines:1. Scientific or technological advance

­ An advance in a overall knowledge or capability in a field of science or technology

­ Includes the adaptation of knowledge or capability from another field of science or technology in order to make such an advance where this adaptation was not readily deducible

2. Scientific or technological uncertainties­ 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

3.Systematic, Investigative or Experimental activities­ Not accidental discovery

­ Logical, planned approach to undertake the R&D activities

­ The timeline should highlight the design alternatives and the analysis or tests done to select between alternatives

UK R&D Tax Relief and the ‘Above the Line’ Tax Credit

Page 11: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

Project descriptio

n and technical orientatio

ns

Phase of studies,

investigation and

engineering

Laboratory studies, prototype and pilot

plant tests

Validation tests

Mass production

Commercial

exploitation

Qualifying ActivitiesResolutio

n of Uncertaint

y

Non-Qualifying Activities, typically

Examples of eligibility during a new product development process

UK R&D Tax Relief and the ‘Above the Line’ Tax Credit

Page 12: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

QUALIFYING EXPENDITU

RE

Agency workers who are actively engaged in carrying out

R&D Staff Costs related to staff

who are involved in carrying out

R&D

Software licences used

directly in carrying out

R&D

Minimum annual qualifying

expenditure of £10,000 (to be abolished from 1st April 2012, subject to state aid approval)

Clinical trials (Large

Companies from 1 April

2006 and from 1st August 2008 for SMEs)

Consumable or

transformable materials used

directly in carrying out

R&D

Subcontracting costs

(only for SME, certain

conditions for large

companies)

UK R&D Tax Relief and the ‘Above the Line’ Tax Credit

Page 13: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

Patent Box

Page 14: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

Revenue based tax incentive

10% tax rate

Effective from 1 April 2013

Qualifying conditions—Company— Intellectual properties (IP)— Income—Profit

What it means to UK companies­ Single entity vs groups­ Patent or not­ Define responsibilities­ Apportionment methodology

Patent Box

Page 15: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

Appendix

Page 16: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

Manufacturing and Mechanical EngineeringEligible activities for R&D tax relief: ­ Design and development of a new cutting or forming machine prototype offering

functionalities that are not straightforward to achieve­ Behaviour analysis of newly developed materials under high

thermal/vibration/pressure stress conditions or new/novel analysis of existing materials

­ Non-straightforward adaptation of existing products to meet changing government or industry environmental or safety standards

­ Development of a unique manufacturing process to increase precision or efficiency

­ Significant reduction of waste through process and machinery innovation

Not eligible: ­ Minor adaptations to a manufacturing process or mechanical product – e.g.

trivial calibration of a sensor or a simple aluminium plate design based on previous products

­ Expansion of a production line that only involves replication rather than innovative improvements

Appendix: Industry Examples

Page 17: R&D tax reliefs: Not just lab coats and microscopes! Guang Deng R&D Tax Manager Leyton UK

Appendix: Industry Examples

Software and Systems EngineeringEligible activities for R&D tax relief: ­ Development of a complex web based material database management system

to improve information speed and security while tracking plant operations and customer product deployment

­ Design of a production system combining electronic sensors/controllers and mechanical elements (valves, heating elements, vacuums, etc.) in a novel way

­ Developing complex automated scripting to improve manufacturability analysis, e.g. verifying a PCB design meets both the electrical and manufacturing constraints

­ Implementing a complex power reduction/management system as a green industry initiative

­ Integration of complex manufacturing processes into one fully automated process by combining multiple user controls or PLCs into one software control centre

Not eligible: ­ Routine deployment of a standard software process tracking tool­ Website design and development (use of standard PHP, Javascript and so on)­ Straightforward automation of a previously manual process