New guidance from HMRC on Research and Development (R&D) tax relief 'could be clearer', according to the Institute of Chartered Accountants in England and Wales (ICAEW).
HMRC's draft guidance covers the restriction applying for contractor payments and payments for externally provided workers (EPWs) where the R&D activity takes place overseas; and the new rules for contracted-out R&D.
The ICAEW's Tax Faculty believes that additional clarity would be helpful on a few of the new points.
It also said that the guidance 'does not fully address the implications of an arrangement between the customer and the contractor that is governed by multiple contracts'. The Institute has called for the guidance to explain how to determine if the contractor took R&D into consideration at the time of the contract when multiple contract dates exist.
The ICAEW also called for clarity on the requirement that the carrying-on of R&D needs to be the primary objective of the customer in engaging the contractor if the customer is to claim the associated R&D tax relief.
We have recently recorded a two-part series on the current and future changes to the R&D tax relief scheme and how they may affect your business. In this webinar series, our R&D tax experts Margaret Savory and Tracy Bacon will guide you through the current and upcoming changes to the R&D tax relief scheme and how they may affect your eligibility, calculation and submission of claims.The webinar consists of two parts which can be watched by clicking here.
Internet link: ICAEW website