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European Pharmaceutical Contractor

Fully Functional R&D?

David Cobb, John Moore and Rosie Smith at Deloitte investigate government initiatives to encourage research and development and the potential benefits available to UK companies as a result

As of April 2000, the UK Government has been providing tax breaks in the form of additional tax deductions in an attempt to encourage companies to perform more R&D. Since the introduction of the R&D tax relief, HM Revenue & Customs (HMRC) has committed increasing resources in order to ensure that companies’ claims are evaluated and dealt with in a manner that is designed to encourage more claims to be made.

In order to claim R&D tax relief, it is essential to demonstrate that you are conducting eligible R&D activity. If asked, most people would associate R&D with bench-top laboratories, white coats and so-called ‘blue-sky’ thinking. Surprisingly, this narrow view of R&D is also shared by many companies within the life sciences sectors. In our experience, sub-optimal R&D tax relief claims are commonly being made because of a lack of complete understanding of the applicability of R&D for tax purposes. This trend is not limited to the size of the company or area of expertise; it is affecting small biotech as much as global pharma. Are you making the most of the opportunities available?

The main reason for sub-optimal R&D tax relief claims is that the most recent definition, giving the criteria for assessing eligible work, has not been applied. For instance, not all levels of activity within drug development phases (rather than just research phases) have been considered. We have found that, eligible activities often occur within Phase IV clinical trials and the key to identifying these is a full understanding of the definition of R&D for tax purposes. In addition, engineering innovation and development, including associated trial costs occurring within the manufacturing centres of the company, is often not recognised as R&D in its own right.

Irrespective of the cause, the outcome is the same: many companies exclude a large slice of eligible project expenditure and miss out on the potential benefit. We hope that this article will encourage you to look again at the level of potentially eligible activity which occurs within your laboratories and clinical trial activities and, if applicable, reassess the level of technical and scientific development and process improvements which occur within the manufacturing process.


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David Cobb is the Lead Partner of the UK R&D Tax Services practice at Deloitte. He has a double degree in Pure and Applied Physics and Electronics and worked for a number of years as an Engineer for the BBC. Since the introduction of the first relief for revenue expenditure on R&D undertaken by smaller companies in 2000, David has been involved in a large number of claims and HM Revenue & Customs negotiations, mainly in the technology and biotechnology sectors. He now provides advice to larger groups seeking to take advantage of the new relief for large companies.

John Moore is a Director in the R&D Tax Services practice at Deloitte, with over 14 years’ experience of advising clients on a variety of multinational and domestic corporation tax issues. He has been involved in a large number of claims made by life science clients involving cutting-edge technical issues in the areas of clinical trials, eligibility of generic drug development and payments to clinical trial volunteers. This includes working with pharmaceutical and biotech companies on R&D claims falling outside the obvious product development departments in areas such as manufacturing and IT projects.

Rosie Smith is a Manager in the UK R&D Tax Services team at Deloitte, with a particular interest in the life sciences sector. Previously, she gained over 10 years’ practical experience within pharmaceutical, biotech and academic environments, in novel immunological and microbiological research areas, and in particular within the vaccine delivery field. This has provided her with wide technology experience of all aspects of life science R&D. Rosie has been involved with the scientific and technological aspects of preparation and defence of R&D claims for biotechnology, pharmaceutical, clinical trial and medical device companies.

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David Cobb
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John Moore
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Rosie Smith
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