Last month HMRC confirmed that its new research and development (R&D) expert advisory panel has been established with the appointment of six independent industry specialists. HMRC has also recently published a new tool that can be used to check if a company has undertaken qualifying R&D before a claim for R&D tax relief is made.
The new advisory panel is known as the RDEAP and its aim is to provide sectoral insight and guidance to support the administration of R&D tax reliefs. It meets quarterly and will contribute to HMRC communications, guidance, and the strategic understanding of innovation across sectors. The Chair and Secretariat of the RDEAP are from HMRC’s Corporation Tax Innovation and Growth team. Other HMRC representatives, and representatives from other government departments may be invited to the RDEAP meetings by invitation. The RDEAP is advisory only so does not have decision-making authority, though it may make recommendations to existing governance and decision-making bodies as appropriate.
The newly published R&D tool takes users though a number of the key tests which define qualifying R&D for tax purposes. Explanations and links to further guidance are provided. According to HMRC, a competent professional will be needed to help answer some of the questions. Once all of the questions have been answered, HMRC says that the tool will give the user a clear indication of whether or not the project is qualifying R&D.
It is recommended that results are saved and a record is kept of the information used to answer each question to assist with making claims. In the event of a compliance check HMRC says that it is “unlikely to disagree” that a project involves R&D for tax purposes if the answers given when using the tool were “based on your project’s facts and you can clearly support and explain them”. We have also been advised that HMRC does not store or use any of information provided when using the tool.
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