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Commercial reality
Key points
- A company cannot claim R&D SME relief if it is being subcontracted to undertake R&D activities by an unconnected company.
- Ownership of intellectual property arising from R&D activity remains a core feature when evaluating claims.
- Subsidies usually include a grant or similar award that reduces the net cost to the claimant company.
- HMRC is updating its guidance on customer funded R&D.
- It is mportant to submit well-thought through and accurate claim documents.
Two of the most under-appreciated risks when it comes to making a research and development (R&D) claim is that of the claimant company being considered a subcontractor and that the claimant company’s R&D activity is subsidised by their customer(s).
Both of these areas require R&D professionals to have a detailed understanding of what their client is doing and what the commercial realities of the situation are. Whether a claimant company is a subcontractor or...
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