OpenLegislation

Section 1053A Qualifying expenditure: activity as contractor for irrelievable clientF1

(1)

Expenditure of a company is qualifying Chapter 2 expenditure if it meets conditions A, B and C in this section.

(2)

Condition A is that the expenditure is attributable to relevant research and development contracted out to the company (see section 1133).

(3)

Condition B is that subsection (4) is satisfied by each person by whom the research and development is contracted out to the company.

(4)

A person satisfies this subsection if—

(a)

the person is an ineligible company (see section 1142), or

(b)

the person is not, in relation to the contracting out of the research and development by that person, acting in the course of a trade, profession or vocation within the charge to tax.

(5)

Condition C is that the expenditure would, but for the fact that the research and development is contracted out to the company, be qualifying Chapter 2 expenditure by virtue of section 1052 or 1053.

Annotations

Textual amendments

F1

Ss. 1052-1053A substituted for ss. 1052-1053 (with effect in relation to accounting periods beginning on or after 1.4.2024) by Finance Act 2024 (c. 3), Sch. 1 paras. 6(9), 16 (with Sch. 1 para. 18); S.I. 2024/286, reg. 2

Notes on Part 13

Textual amendments

F1

Words in Pt. 13 heading omitted (with effect in relation to accounting periods beginning on or after 1.4.2024) by virtue of Finance Act 2024 (c. 3), Sch. 1 paras. 3, 16 (with Sch. 1 para. 18); S.I. 2024/286, reg. 2

Notes on Chapter 2

Textual amendments

F1

Pt. 13 Ch. 2 heading substituted (with effect in relation to accounting periods beginning on or after 1.4.2024) by Finance Act 2024 (c. 3), Sch. 1 paras. 6(2), 16 (with Sch. 1 para. 18); S.I. 2024/286, reg. 2