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FTT confirms narrow 'subsidised' R&D interpretation: client payments under fixed‑price contracts are not subsidies; Collins Construction v HMRC follows Quinn (pre‑Finance Act 2024 rules)

Published on: 05 November 2024

Published by a LexisNexis Tax expert
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FTT rejects HMRC’s interpretation of contracted out expenditure in R&D rules (Collins Construction Ltd v HMRC) Collins Construction Ltd v HMRC [2024] UKFTT 951 (TC)

The claimant operated as a building company, handling both the design and the delivery of refurbishment projects for other businesses. Its invitations to tender did not expressly call for any research and development activity; nevertheless, from time to time the firm had to engineer original fixes for particular technical challenges. A case in point was a reverberation issue, for which it devised a bespoke approach. There was no disagreement that this spend—and comparable costs—were incurred on R&D. The debate concerned whether relief was prohibited because the expenditure had been subsidised. The Corporation Tax Act 2009 characterises expenditure as subsidised where the cost is borne, directly or indirectly, by a person other than the company making the claim. HMRC maintained that the...

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