Tax credits—a national interest test?

Tax analysis: What is the future for research and development tax credits? Catherine Gannon, chartered tax advisor and partner at Gannons solicitors, comments on tax credits and recent calls for an additional national interest test based on research and development (R&D) and science. Why do companies in the UK receive R&D tax credits? How do companies benefit from the socalled patent box?

The R&D tax credit was introduced in 2000. R&D is designed to incentivise companies to increase spending on research and development. Similarly, the patent box regime was introduced to make it cheaper to generate new patentable technologies. Companies benefit in different ways depending upon the circumstances. R&D is transferred via benefits which range from cash refunds to reduced corporation tax. Patent box is simply a reduced rate of corporation tax on profits from patentable activities. What was the purpose of introducing these incentives? Have they been successful?

The UK is renowned for its knowledge-based economy so we must have done something right to build such a reputation. R&D relief has been hugely successful, patent box less so. Since 2000, over 120,000 R&D claims have been made for a combined tax relief of over £11bn. Patent box statistics are not yet available due to the timing of the relief, but we do not think they will match those of R&D. This is because patent box is limited to patents, while R&D is available to a wider range of non-science based business, making it more appealing. In our experience, tax breaks help to make companies fly, at least at the initial stages. R&D is there with seed enterprise investment relief and investors’ relief making it possible for angels to invest in private companies in the first place. Without the reliefs they would have invested in a third home on the French Riviera looking on as the value of the property goes up as they swim in the pool.

 

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