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Corporation Tax Act 2009

Sections and provisions with full text and the judgments that cite each one.

Section 1093 — Modification of section 1092 for larger SMEs

Modification of section 1092 for larger SMEs 1093 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1094 — Relief only available to SME where company is going concern

Relief only available to SME where company is going concern 1094 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1095 — Elections under section 1092

Elections under section 1092 1095 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1096 — Treatment of deemed trading loss under section 1092

Treatment of deemed trading loss under section 1092 1096 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1097 — R&D threshold

R&D threshold 1097 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1098 — Meaning of “qualifying Chapter 7 expenditure”

Meaning of “qualifying Chapter 7 expenditure” 1098 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1099 — SMEs: qualifying expenditure “for” an accounting period

SMEs: qualifying expenditure “for” an accounting period 1099 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1100 — Qualifying expenditure “for” an accounting period

Qualifying expenditure “for” an accounting period 1100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1101 — Qualifying expenditure on in-house direct R&D

Qualifying expenditure on in-house direct R&D 1101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1102 — Qualifying expenditure on contracted out R&D

Qualifying expenditure on contracted out R&D 1102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1103 — Entitlement to and payment of tax credit

Entitlement to and payment of tax credit 1103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1104 — Meaning of “Chapter 7 surrenderable loss”

Meaning of “Chapter 7 surrenderable loss” 1104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1105 — Amount of trading loss which is “unrelieved”

Amount of trading loss which is “unrelieved” 1105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1106 — Tax credit only available where company is going concern

Tax credit only available where company is going concern 1106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1107 — Amount of tax credit

Amount of tax credit 1107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1108 — Total amount of company's PAYE and NIC liabilities

Total amount of company's PAYE and NIC liabilities 1108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1109 — Payment of tax credit

Payment of tax credit 1109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1110 — Tax credit payment not income of company

Tax credit payment not income of company 1110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1111 — Restriction on losses carried forward where tax credit claimed

Restriction on losses carried forward where tax credit claimed 1111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1112 — Artificially inflated claims for relief

Artificially inflated claims for relief 1112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1112A — Overview of Chapter

Overview of Chapter 1112A 1 This Chapter limits the entitlements given by Chapters 1A and 2. 2 Sections 1112B to 1112E provide for the amount of R&D expenditure credit or R&D tax credit payable to a…

Section 1112B — Cap by reference to PAYE and NIC liabilities

Cap by reference to PAYE and NIC liabilities 1112B 1 This section determines, for the purposes of sections 1042I and 1058(1), the amount of the cap by reference to a company’s PAYE and NIC…

Section 1112C — Calculation of relevant PAYE and NIC liabilities

Calculation of relevant PAYE and NIC liabilities 1112C 1 This section determines the amount of a company’s relevant PAYE and NIC liabilities for a payment period for the purposes of section 1112B . 2…

Section 1112D — Total PAYE and NIC liabilities

Total PAYE and NIC liabilities 1112D 1 For the purposes of section 1112C , the total amount of a company’s PAYE and NIC liabilities for a payment period is the sum of amount A and amount B. 2 Amount…

Section 1112E — Exception for companies creating or managing intellectual property

Exception for companies creating or managing intellectual property 1112E 1 There is no cap by reference to a company’s PAYE and NIC liabilities for an accounting period if the company meets…

Section 1112F — Restriction of credit and relief to companies that are going concerns

Restriction of credit and relief to companies that are going concerns 1112F 1 Subsection (2) applies if a company makes a claim under section 1042C (claims for R&D expenditure credit) at a time when…

Section 1112G — Meaning of “going concern”

Meaning of “going concern” 1112G 1 For the purposes of section 1112F , a company is a going concern if— a its latest published accounts were prepared on a going concern basis, and b nothing in those…

Section 1112H — No credit payable if certain tax matters outstanding

No credit payable if certain tax matters outstanding 1112H 1 This section applies in relation to an amount that a company would, but for this section, be entitled to be paid— a at step 7 in section…

Section 1112I — Transactions aimed at obtaining credit or relief to be disregarded

Transactions aimed at obtaining credit or relief to be disregarded 1112I 1 To the extent that a transaction is attributable to arrangements entered into for a disqualifying purpose, it is to be…

Section 1112J — Chapter 2 relief for Northern Ireland companies

Chapter 2 relief for Northern Ireland companies 1112J 1 This section applies for the purpose of determining the entitlement of a Northern Ireland company to relief under Chapter 2. 2 A Northern…

Section 1119 — “Small or medium-sized enterprise”

“Small or medium-sized enterprise” 1119 1 In this Part “ small or medium-sized enterprise ” means a micro, small or medium-sized enterprise as defined in Commission Recommendation (EC) No 2003/361 ,…

Section 1120 — Qualifications to section 1119

Qualifications to section 1119 1120 1 This section contains qualifications to the definition of small or medium-sized enterprise in section 1119. 2 The qualifications are— Qualification 1 In Article…

Section 1120A — Enterprise treated as an SME where related enterprise becomes large

Enterprise treated as an SME where related enterprise becomes large 1120A 1 This section applies, in relation to an accounting period, where the following conditions are met. 2 The first condition is…

Section 1120B — Enterprise treated as an SME where acquired by an SME

Enterprise treated as an SME where acquired by an SME 1120B 1 This section applies, in relation to an accounting period, where the following conditions are met. 2 The first condition is that, at the…

Section 1121 — “Larger SME”

“Larger SME” 1121 References in this Part to a “larger SME” are to a company which is a small or medium-sized enterprise by virtue of qualification 1 in section 1120.

Section 1122 — “Large company”

“Large company” 1122 In this Part “ large company ” means a company that is not a small or medium-sized enterprise.

Section 1123 — “Staffing costs”

“Staffing costs” 1123 1 For the purposes of this Part the staffing costs of a company are amounts to which subsection (2), (3), (4), (5) or (7) applies. 2 This subsection applies to an amount paid by…

Section 1124 — Staffing costs: attributable expenditure

Staffing costs: attributable expenditure 1124 1 This section applies for the purposes of this Part to identify when staffing costs are attributable to relevant research and development. 2 The costs…

Section 1125 — “Software , data licences, cloud computing services or consumable items”

“Software , data licences, cloud computing services or consumable items” 1125 1 For the purposes of this Part expenditure on software , data licences, cloud computing services or consumable items…

Section 1126 — Software , data licences, cloud computing services or consumable items: attributable expenditure

Software , data licences, cloud computing services or consumable items: attributable expenditure 1126 1 This section applies for the purposes of this Part to identify when expenditure on software ,…

Section 1126A — Attributable expenditure: special rules for consumable items

Attributable expenditure: special rules for consumable items 1126A 1 Expenditure on consumable items is not to be treated as attributable to relevant research and development if— a the relevant…

Section 1126ZA — Attributable expenditure: special rules for data and cloud computing

Attributable expenditure: special rules for data and cloud computing 1126ZA 1 Expenditure on data licences or cloud computing services is not to be treated as attributable to relevant research and…

Section 1126B — Attributable expenditure: further provision

Attributable expenditure: further provision 1126B 1 The Treasury may by regulations make provision for the purpose of identifying when expenditure on data licences, cloud computing services or…

Section 1127 — “Qualifying expenditure on externally provided workers”

“Qualifying expenditure on externally provided workers” 1127 1 For the purposes of this Part a company incurs expenditure on externally provided workers if— a it makes a payment (a “staff provision…

Section 1128 — “Externally provided worker”

“Externally provided worker” 1128 1 For the purposes of this Part a person is an “ externally provided worker ” in relation to a company if each of conditions A to G is met. 2 Condition A is that the…

Section 1129 — Qualifying expenditure on externally provided workers: connected persons

Qualifying expenditure on externally provided workers: connected persons 1129 1 This section applies if— a a company makes a staff provision payment, b the company, the staff provider and (if…

Section 1130 — Election for connected persons treatment

Election for connected persons treatment 1130 1 If— a a company makes a staff provision payment, and b the company, the staff provider and (if different) the staff controller (or staff controllers)…

Section 1131 — Qualifying expenditure on externally provided workers: other cases

Qualifying expenditure on externally provided workers: other cases 1131 1 This section applies if— a a company makes a staff provision payment, b the company, the staff provider and (if different)…

Section 1131A — Sections 1129 and 1131: secondary Class 1 NICS paid by company

Sections 1129 and 1131: secondary Class 1 NICS paid by company 1131A 1 This section applies if— a a company makes a staff provision payment, b the company is treated as making a payment of deemed…

Section 1132 — External workers: attributable expenditure

External workers: attributable expenditure 1132 1 This section applies for the purposes of this Part to identify when qualifying expenditure on externally provided workers is attributable to relevant…