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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Research and Development (Qualifying Bodies) (Tax) (Amendment and Further Prescribed Bodies) Order 2022 No. 690 URL: http://www.bailii.org/uk/legis/num_reg/2022/uksi_2022690_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Corporation Tax
Made
20th June 2022
Laid before the House of Commons
22nd June 2022
Coming into force
13th July 2022
The Treasury make the following Order, in exercise of the powers conferred by section 1142(1)(e), (3) and (4) of the Corporation Tax Act 2009( 1).
1.—(1) This Order maybe cited as the Research and Development (Qualifying Bodies) (Tax) (Amendment and Further Prescribed Bodies) Order 2022 and comes into force on 13th July 2022.
(2) Article 2 has effect in relation to expenditure incurred on or after the date this Order comes into force.
(3) In relation to a body specified in column (1) of the Schedule to this Order, this Order has effect in relation to expenditure incurred on or after the date set out in column (4) opposite the entry in column (1) for that body.
2. In the Schedule to the Research and Development (Qualifying Bodies) (Tax) Order 2018( 2), omit the following entry—
Московский государственный университет имени М. В. Ломоносова | Lomonosov Moscow State University | GSP-1, Leninskie Gory, Moscow, 119991, Russian Federation | 23rd September 2015 |
3. Each of the bodies specified in column (1) of the Schedule to this Order is a body prescribed for the purposes of Part 13 of the Corporation Tax Act 2009 (additional relief for expenditure on research and development).
Alan Mak
Amanda Solloway
Two of the Lords Commissioners of Her Majesty’s Treasury
20th June 2022
(This note is not part of the Order)
This Order amends the Research and Development (Qualifying Bodies) (Tax) Order 2018 to remove the Lomonosov Moscow State University from the list of prescribed bodes for the purposes of Parts 3 and 13 of the Corporation Tax Act 2009 and prescribe further bodies for those purposes.
Parts 3 and 13 of that Act provide tax credits and reliefs respectively to a company in respect of qualifying expenditure incurred on research and development. Qualifying expenditure includes certain expenditure on research and development undertaken on the company’s behalf by “qualifying bodies” and certain expenditure incurred on contributions to independent research carried out by “qualifying bodies”. Section 1142(1) defines qualifying bodies as including bodies prescribed by order. Under section 104Y, the definition of “qualifying body” in section 1142(1) in Part 13 also applies for the purposes of Part 3. The effect of this Order is that the Lomonosov Moscow State University ceases to be a qualifying body and the bodies listed in the Schedule are qualifying bodies for the purpose of Parts 3 and 13 of the Corporation Tax Act 2009. The appropriate tax credit or relief is available in relation to expenditure incurred by the bodies prescribed on or after the date specified in relation to each body.
Authority for this retrospective effect is provided by section 1142(3) and (4) of the Corporation Tax Act 2009 which provides that any order made under section 1142 may have effect in relation to accounting periods beginning, or expenditure incurred, before the time the order is made.
A Tax Information and Impact note has not been prepared for this Instrument as it contains no substantive changes to tax policy.