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Legislation
Corporation Tax Act 2010

Crossheading R&D fraction

  • Section 357BL Introduction
  • Section 357BLA The R&D fraction
  • Section 357BLB Qualifying expenditure on relevant R&D undertaken in-house
  • Section 357BLC Qualifying expenditure on relevant R&D sub-contracted to unconnected persons
  • Section 357BLD Qualifying expenditure on relevant R&D sub-contracted to connected persons
  • Section 357BLE Qualifying expenditure on acquisition of relevant qualifying IP rights
  • Section 357BLEA Cases where the company is a party to a CSA
  • Section 357BLF Meaning of the “relevant period” etc
  • Section 357BLG Cases where the company is a new entrant with insufficient information about pre-enactment expenditure
  • Section 357BLH R&D fraction: increase for exceptional circumstances
  1. R&D fraction
  2. Cases where the company is a party to a CSA

Section 357BLEA | Cases where the company is a party to a CSA

From legislation.gov.uk

(1)Subsection (2) applies if during the relevant period—

(a)the company is a party to a cost-sharing arrangement (see section 357GC),

(b)the company incurs expenditure in making payments under the arrangement that are within section 357BLC(2) by reason of section 357GCZC, and

(c)persons who are not connected with the company make payments under the arrangement to the company in respect of relevant research and development undertaken or contracted out by the company.

(2)So much of the expenditure referred to in paragraph (b) of subsection (1) as is equal to the amount of the payments referred to in paragraph (c) of that subsection is to be disregarded in determining the R&D fraction for the sub-stream.

(3)Subsection (4) applies if during the relevant period—

(a)the company is a party to a cost-sharing arrangement,

(b)the company incurs expenditure in making payments under the arrangement that are within subsection (5), and

(c)the company receives payments under the arrangement that are within subsection (6).

(4)So much of the expenditure referred to in paragraph (b) of subsection (3) as is equal to the amount of the payments referred to in paragraph (c) of that subsection is to be disregarded in determining the R&D fraction for the sub-stream.

(5)A payment is within this subsection if—

(a)it is within section 357BLD(2) by reason of section 357GCZC, or

(b)it is within section 357BLE(2) or (3) by reason of section 357GCZD.

(6)A payment is within this subsection if—

(a)it is made by persons connected with the company in respect of relevant research and development undertaken or contracted out by the company, or

(b)it is made in respect of an assignment to the company of a relevant qualifying IP right or a grant or transfer to the company of an exclusive licence in respect of such a right.

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