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Get Onbord and Tills Plus: some encouragement for taxpayers in R&D disputes

In two recent cases, the tribunal approached the question of what was qualifying research in a way that supports taxpayers’ claims, if the right evidence is presented, writes Thomas Chacko (Pump Court Tax Chambers).

Two recent FTT decisions on research and development (R&D) allowances – Get Onbord Ltd (in liquidation) v HMRC [2024] UKFTT 617 and Tills Plus v HMRC [2024] UKFTT 614 – hopefully show a greater level of realism about the difficulties for taxpayers in demonstrating their eligibility. They are also useful guides to how evidence to support R&D claims should be gathered and presented.

Research and development

R&D allowances are provided for in CTA 2009 Part 13. CTA 2009 s 1041 applies the meaning of ‘research and development’ used in CTA 2010 s 1138 which itself applies the definition in ITA 2007 s 1006 which allows the Treasury to specify the activities which are to...

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