# Finance (No. 2) Act 2023, Paragraph 1: Requirement to make claim notifications in relation to certain R&D claims

Extent: E+W+S+N.I.

(1) Chapter 6A of Part 3 of CTA 2009 (trade profits: R&D expenditure credits) is amended as follows.
(2) In section 104A (R&D expenditure credits), after subsection (5) insert—
“(5A) This section is subject to section 104AA.”
(3) After that section insert—
“Requirement to make a claim notification
104AA (1) A company may not make a claim under section 104A(1) (an “RDEC claim”) after the end of the claim notification period unless—
(a) the company has made an R&D claim during the period of three years ending with the last day of the claim notification period,
(b) the company makes a claim notification in respect of the RDEC claim within the claim notification period, or
(c) the accounting period in respect of which the RDEC claim is made falls within the same period of account as another accounting period in respect of which the company has made an R&D claim or a claim notification.
(2) For the purposes of subsection (1)(a) ignore any R&D claim for an accounting period beginning before 1 April 2023 that is included in the company’s company tax return only by virtue of an amendment made on or after that date (see paragraph 83B(2) of Schedule 18 to FA 1998).”
(4) In section 104Y (interpretation), in subsection (1)—
(a) before the entry for “large company” insert—
““claim notification” (see section 1142A),
“claim notification period” (see section 1142A),”;
(b) after the entry for “research and development” insert—
““R&D claim” (see section 1142B),”.

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Source: https://www.legislation.gov.uk/ukpga/2023/30/schedule/1/paragraph/1 (the official version)
Page: https://openlegislation.uk/finance-no-2-act-2023/schedule-1/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

