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Paragraph 6

United Kingdom

(1)

For the purposes of this Schedule, expenditure is “qualifying pre-commencement expenditure” if it meets conditions A to D.

(2)

Condition A is that the expenditure is incurred on or after 1st January 2006.

(3)

Condition B is that the expenditure is incurred in the course of oil extraction activities.

(4)

Condition C is that the expenditure is incurred by a person with a view to carrying on a ring fence trade but before the person sets up and commences the ring fence trade.

(5)

Condition D is that the expenditure—

(a)

is subsequently allowable as a deduction in calculating the profits of the ring fence trade for the commencement period (whether or not any part of it is so allowable for any post-commencement period), or

(b)

is relevant R&D expenditure incurred by an SME.

(6)

For the purposes of this paragraph, expenditure incurred by a company is “relevant R&D expenditure incurred by an SME” if—

(a)

the company makes an election under F1section 1045 of CTA 2009 (R&D tax relief for SMEs: alternative treatment of pre-trading expenditure) in respect of that expenditure, but

(b)

the company does not make a claim for an R&D tax credit under F2section 1054 of that Act in respect of that expenditure.

(7)

In the case of any qualifying pre-commencement expenditure which is relevant R&D expenditure incurred by an SME, the amount of that expenditure is treated for the purposes of this Schedule as being equal to 150% of its actual amount.

(8)

In the case of any qualifying pre-commencement expenditure which is relevant R&D expenditure incurred by a large company, the amount of that expenditure is treated for the purposes of this Schedule as being equal to 125% of its actual amount.

(9)

For this purpose “relevant R&D expenditure incurred by a large company” means F3qualifying Chapter 5 expenditure as defined by section 1076 of CTA 2009 (R&D tax relief for large companies).

Annotations

Textual amendments

F1

Words in Sch. 19C para. 6(6)(a) substituted (1.4.2009 with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), Sch. 1 para. 284(2)(a) (with Sch. 2 Pts. 1, 2)

F2

Words in Sch. 19C para. 6(6)(b) substituted (1.4.2009 with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), Sch. 1 para. 284(2)(b) (with Sch. 2 Pts. 1, 2)

F3

Words in Sch. 19C para. 6(9) substituted (1.4.2009 with effect in accordance with s. 1329(1) of the amending Act) by Corporation Tax Act 2009 (c. 4), Sch. 1 para. 284(3) (with Sch. 2 Pts. 1, 2)

Notes on Schedule 19C

Textual amendments

F1

Sch. 19C repealed (1.4.2010 with effect in accordance with s. 1184(1) of the repealing Act) by Corporation Tax Act 2010 (c. 4), Sch. 1 para. 143, Sch. 3 Pt. 1 (with Sch. 2)

F2

Sch. 19C inserted (19.7.2006) by Finance Act 2006 (c. 25), s. 154(11), Sch. 19