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Tax N2K

Future of R&D Tax Credits

by Steve Livingston on September 1, 2010

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I was asked by a client yesterday whether I thought the UK R&D tax credit system would be around for the foreseeable future?

I answered “Yes”. Here’s a summary of my current thinking:

  • James Dyson‘s Ingenious Britain Report, as commissioned pre-election by the Conservative party into re-energising the British economy, gave the UK R&D tax credit system a whole-hearted thumbs-up – in fact, he recommended that this valuable tax incentive should be further enhanced for innovative high tech UK small companies;
  • The Tories pledged to push forward with a planned review of the taxation of intellectual property this Autumn. The Coalition government is keen to make the UK tax regime one of the most competitive in the G20 and to do so demands a well structured and favourable tax framework for intellectual property – otherwise big multi-nationals look to move their prized assets i.e. their intellectual property (IP) to a more favourable tax jurisdiction and worse, our home-grown talent (- export value – jobs) can be tempted to follow suit;
  • The Autumn review of IP tax is also expected press forward on plans to introduce a new patent box to tax income derived from intellectual property at a lower corporation tax rate – a tax incentive already enjoyed by our Dutch neighbours for example, so it is good to see that UK resident companies should enjoy similar tax benefits in the near future;
  • Generally there appears to be a growing understanding and acceptance (echoed from all political parties: from Alistair Darling to George Osborne to Vince Cable) that the most viable opportunity for rebuilding a long-term sustainable UK economy is to invest in building first class hi-tech innovative and intellectual property rich companies that can export their valuable know-how globally. A recent Nesta report on Rebalancing the UK economy is well worth a read in reaffirming this perspective. In essence: we don’t necessarily have to make the stuff but we can develop the ideas, know-how and proprietary IP for global manufacturers, distributors and retailers to license and sell!

On the negative side:

  • there was a momentary concern in the final stages of the election that the Conservatives would drop the R&D tax regime if elected when they pledged to reduce the headline corporation tax rate and “simplify the corporation tax regime” – could this have meant the death of the R&D tax scheme and other valuable incentives such as capital allowances? (although this proved not to be the case in the Emergency Budget).
  • The Coalition government also put a stop to proposals to introduce a video games tax relief which appears at odds with a perceived overarching aim to focus entrepreneurs on building IP rich digital and technology businesses.

So there have been some wobbles but fingers crossed these are isolated lapses (as a side-note I really hope the gaming tax relief proposals get back on the cards very soon).

What are your thoughts on the future of UK Research and Development tax credits?

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There was mixed news for fast growth technology and digital businesses in today’s Emergency Budget. Headlines were as follows:

Corporation tax rates will be cut from 21% to 20% for small companies ie those with taxable profits up to £300,000, with effect from 1 April 2011. Large companies will benefit from tax rate cuts from 28% to 27% in 2011 and a 1% decrease each year to 24% in 2015. A hugely competitive rate.

Capital gains tax for entrepreneurs was actually enhanced with the 10% effective CGT rate preserved under Entrepreneurs’ Relief and the lifetime allowance increased from £2m to £5m. It was disappointing that more was not done to extend the benefits of Entrepreneurs Relief to employees holding share options, many of whom will be taking a career risk sticking with fledgling startups (rather than taking ‘safer’ jobs) so they deserve to be rewarded like the founder shareholders.

New start ups in the north west will benefit from a national insurance contributions holiday for the first year of trading for the first ten employees. The scheme will run for 3 years and could save businesses up to £50,000. It will kick off in September this year but businesses started in the interim may qualify.

Capital allowances will be reduced to fund the above corporation tax rate with the Annual Investment Allowance for investment in say computer equipment and office furniture reduced from £100,000 to £25,000 from April 2012. There are further reductions for investment in fixed assets so businesses should seek to accelerate planned capital spend before April 2012 when the changes take effect.

VAT increases from 17.5% to 20% from 4 January 2011 should have minimal effect on most B2B businesses as the increased VAT rates should wash through in most cases. B2C businesses will be hit next year although a 20% VAT rate remains competitive globally.

R&D tax credits will be preserved which is great news and a review will take place in line with the Dyson review which may enhance the relief. Disappointingly the planned video gaming relief will be withdrawn - why this is the case is baffling to me as the video games industry is one in which we already have a competitive advantage and the likes of Canada already have such tax breaks.

A Regional Growth fund along with pressure on banks to lend to SMEs should assist in ensuring that businesses have much needed access to funding.

Overall, the Emergency Budget was positive for businesses with a clear plan for growth and stability over the next 5 years.

What’s your view?

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Emergency Budget Wishes 2010

June 17, 2010

Letter to George Osborne MP regarding my wishes for next Tuesday’s Emergency Budget Speech: Dear Mr Osborne MP, Emergency Budget 2010 I appreciate that you have an extremely difficult job next Tuesday 22 June 2010 in delivering a Budget Report that seeks not only to balance the books over the longer term but to also avoid derailing any [...]

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Tax measures in the coalition government agreement – what might they mean for you?

May 19, 2010

Personal allowance to be increased to help lower and middle income earners. The Coalition has agreed that there will be a substantial increase in the personal allowance from April 2011. The amount for those under 65 is currently £6,475. The increase in the Employers’ National Insurance thresholds proposed by the Conservatives will go ahead, reducing [...]

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Capital Allowances for fixed asset expenditure – a brief recap!

May 18, 2010

[Note that much of the information below has since changed following subsequent announcements - please check more up-to-date posts] A raft of tax changes is expected to be announced in the emergency budget scheduled for 22 June 2010 including potential changes to tax relief on capital expenditure – such tax relief is referred to as “capital [...]

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Emergency Budget – 22 June 2010

May 17, 2010

Batten Down the Hatches! 22 June 2010 by BusinessN2K Design custom t-shirts at zazzle So the date of the George Osborne’s first Budget as Chancellor has been announced as Tuesday, 22 June 2010. Likely to be one of the most far-reaching budget announcements for small businesses and entrepreneurs in recent years, there will be plenty [...]

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Should I set up a Limited company for my new start-up?

May 13, 2010
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Most business start-ups tend to opt for setting themselves up as a limited company from day one – but is this right? Answer: It depends. In many cases, a limited company is the right option but it pays to think through all the options as there can be benefits to thinking a little differently. You basically [...]

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Tax Simplification – There’s a long way to go!

April 14, 2010
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See the latest edition of UK tax legislation on my desk. It runs to over 21,000 pages -  this does not include the recently published Finance Act 2010! So if your tax advisor ever says “….well, its not quite that simple….” in response your straightforward question or otherwise perfectly logical suggestion, hopefully this well help [...]

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Conservative Manifesto – What does it mean for your business?

April 13, 2010

“Our ambition is to create the most competitive tax system in the G20 within five years.We will restore the tax system’s reputation for simplicity, stability and predictability.” David Cameron and the Conservative Party launched their manifesto for the impending May 2010 election today. So what were the key points for business? Emphasis is made of [...]

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TIGA targets tax incentives to position UK Games Industry at the leading edge

April 12, 2010
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TIGA, the trade association supporting the UK Games Industry, has launched its manifesto in readiness of the incoming governing party – whoever that may be from 6 May 2010? Key proposals include (in my preferred order): Introduce a Games Tax Relief “as soon as possible” – we know it should be coming as it was [...]

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