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R&D Tax Relief and Overseas Costs: What the Rules Mean for Your Claim
Overseas subcontractor and externally provided worker costs are now largely excluded from UK R&D tax relief. What still qualifies, and what to do.
Insights · Articles
Overseas subcontractor and externally provided worker costs are now largely excluded from UK R&D tax relief. What still qualifies, and what to do.
R&D rarely respects borders. A UK software company might use developers in Poland. An engineering business might test in a facility in Germany. A life sciences company might run trials across several countries.
Until recently, much of that spend could be included in a UK R&D tax relief claim. For accounting periods beginning on or after 1 April 2024, under both the merged scheme and Enhanced R&D Intensive Support (ERIS), that is no longer the case. The government's stated aim is for the relief to support R&D carried out in the UK.
Two categories are restricted:
It is the location of the work, or the payroll status of the worker, that matters. Where the supplier is registered is not the test. A UK-registered contractor doing the work overseas is caught. An overseas-owned contractor doing the work in the UK is not.
The restriction is specific. It does not apply to:
Those categories have their own rules, but the overseas restriction on contractors and EPWs is not one of them.
There is an exception for what the legislation calls qualifying overseas expenditure. All three of the following must be true:
The conditions in question can be geographical, environmental or social, or they can be legal or regulatory requirements. HMRC's guidance gives examples along these lines:
"Wholly unreasonable" is a high bar, and it is meant to be.
The legislation is explicit on two points. The following are not conditions necessary for the R&D:
That second point surprises many companies. Specialist skills shortages are real, and for some technologies the expertise is concentrated abroad. It may fully explain why the work went overseas. It still does not make the cost claimable.
Companies registered in Northern Ireland that claim under ERIS are not subject to the overseas restrictions on contractor and EPW costs, although a separate limit applies to the additional relief they can receive. The rules here are detailed, so take specific advice if this applies.
A few practical steps make a real difference.
Is it worth restructuring how R&D is delivered because of a tax rule? Sometimes yes, often no. The commercial case should lead. What is not sensible is finding out at claim time that a third of the expected relief is not available.
Generally no, for accounting periods beginning on or after 1 April 2024. Payments for subcontracted R&D carried out outside the UK are excluded unless they meet the narrow test for qualifying overseas expenditure.
It is spend on R&D carried out overseas where the conditions necessary for the R&D are not present in the UK, are present in the overseas location, and it would be wholly unreasonable to replicate them in the UK. Those conditions can be geographical, environmental, social, or legal and regulatory.
No. The legislation specifically states that the availability of workers and the cost of the work are not conditions necessary for the R&D.
The restriction applies to contractor payments and externally provided workers, not to the company's own employee staffing costs. Other rules may still be relevant, so the facts should be checked.
They apply to accounting periods beginning on or after 1 April 2024.
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