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Documentation required for research and development tax relief

16 March 2022 / James Carstensen , Adam Rogers , Damian Smyth
Issue: 4832 / Categories: Comment & Analysis
74774
It’s all in the papers

The government’s tax relief programmes for research and development (R&D) activities are seen as a vital tool for fostering innovation within the UK in an increasingly competitive global landscape.

HMRC became more stringent in assessing claims after several high-profile tribunal cases over fraudulent expenditure claims costing taxpayers millions of pounds.

As a result of political and social pressure from these developments HMRC adopted new guidelines in April 2019 that raised the standard of care required in submitting a claim. It has shown a willingness to launch enquiries into and reject previously accepted claims such as ordering a company to refund paid credits – which could spell financial disaster for a company suddenly finding itself with a large tax bill.

Documentation of research projects is a key element in mitigating enquiries by HMRC and properly supporting any claims that do face enquiry. Case law shows...

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