R&D tax claims for software development
HMRC have a track record of reviewing those R&D tax claims for software development. As mentioned previously, R&D tax claims are now subject to a far greater level of scrutiny by HMRC. This post discusses the probem areas and some of the pitfalls to avoid.
Overview
When it comes to R&D tax claims for software development, your project must aim to achieve a genuine advance in science or technology. Therefore the project should push forward overall knowledge or capability in the field.
What's more, the advancement should address a specific technological or scientific uncertainty that cannot be resolved using existing methods or knowledge.
Key factors for R&D tax claims
HMRC's guidance highlights three key concepts to consider when assessing whether software development qualifies for R&D tax relief:
The advance
Your software project should result in a measurable improvement in the overall field of technology. So, simply developing something new isn’t enough. Therefore the development must occur in a new or innovative way.
Equally importantly there must be a meaningful improvement that professionals in the field recognise as non-trivial. What's more, you’ll need to explain how your project pushes the boundaries in a way not readily available in the public domain.
So, this might include new data architectures, novel algorithms, or significant modifications to existing software frameworks.
The technological uncertainty
For your project to qualify, it must seek to address specific technological uncertainties. These uncertainties could relate to the feasibility of achieving your objectives or resolving practical application challenges.
It’s essential that the uncertainty is something a competent professional couldn’t resolve using established methods or peer discussions.
Defining the Boundaries of R&D
Often projects to develop software are intended to result in a product that can be used in-house, licensed or sold.
These projects going beyond resolving technological or scientific uncertainties would not qualify for R&D entirely However elements of your project might qualify
Usually R&D begins when work to resolve these technological uncertainties starts and ends once they are resolved. It's vital to separate the R&D elements from the larger commercial project.
Although not all aspects of the project will qualify for R&D relief. For example, business requirement gathering and routine software development tasks don't qualify. However, technical requirement analysis and development aimed at solving technological uncertainties does.
Qualifying R&D tax claims for software development
Some examples of activities that likely qualify for R&D tax claims for software development are as follows:
However the following activities are unlikely to qualify for relief:
Common features of R&D software development
In software development, planning for the R&D elements is important. Although planning for non-R&D aspects like financials or marketing doesn’t qualify for relief.
Usually, testing also plays a significant role in R&D projects. So where testing feeds back into development to resolve technological uncertainties any related expenditure can be included in a claim. However, expenses relating to confirmatory testing or testing after the uncertainty is resolved will not qualify.
Capital expenditure on software projects
Although some software projects might be R&D, the expenditure could be regarded as capital for tax purposes. In such cases, R&D tax relief may not apply.
HMRC offers case studies on how software projects may qualify for R&D tax credits. These are worth exploring to help understand whether your software project meets the criteria for R&D tax relief.
Summary
Understanding what activities qualify for R&D for tax relief can make a significant difference for software developers. By focusing on the advance, technological uncertainty, and boundaries of the project, you can ensure your R&D tax claim is accurate and compliant.
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