Section 1112H | No credit payable if certain tax matters outstanding

(1)This section applies in relation to an amount that a company would, but for this section, be entitled to be paid—

(a)at step 7 in section 1042I (payment of R&D expenditure credit not applied for other purposes), or

(b)under section 1054 (payment of R&D tax credit).

(2)If the company’s tax return for the accounting period in question is enquired into by an officer of Revenue or Customs—

(a)the amount does not have to be paid to the company, but

(b)an officer of Revenue and Customs may make a payment on a provisional basis of such amount as the officer thinks fit.

(3)If the company has outstanding PAYE or NIC liabilities for the accounting period in question, the amount does not have to be paid to the company.

(4)For the purposes of subsection (3), a company has outstanding PAYE or NIC liabilities for an accounting period if it has not paid to an officer of Revenue and Customs any amount that it is required to pay—

(a)under PAYE regulations, or

(b)in respect of Class 1 national insurance contributions,

for payment periods ending in the accounting period.