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R&D relief: importance of payment

David O’Keeffe (Aiglon Consulting) reviews the tribunal decision in Gas Recovery And Recycle Ltd, which considered whether an anticipatory R&D claim could be made before payment had actually been made.
 

In the recent case of Gas Recovery And Recycle Ltd v HMRC [2016] UKFTT 746 (TC) the First-tier Tribunal had to consider when the deadline was for payment of research and development (R&D) expenditure in order for it to be included in a valid R&D relief claim.

Requirement for ‘payment’

Any company undertaking qualifying R&D and making an R&D tax relief claim will have incurred expenditure on one or more eligible cost category. Advisers not familiar with the R&D tax relief legislation may be surprised to know that for some of these cost categories there is also a requirement that the amount has actually been paid (rather than simply incurred) before relief can be claimed....

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