How to better forecast your R&D tax claim

Diagnostax Blog 2: R&D Better Forecasting

How to better forecast your R&D tax claim

When R&D tax relief first fell onto your radar, you were no doubt blown away by the generous benefit, of up to £33 back for every £100 you invest in R&D. But the truth is – as you may have already experienced – for R&D projects, the amount you can claim ranges anywhere from 0 to 33%, depending on several factors.

As a business that is investing in research and development activity, and making R&D tax relief claims, it’s important for you to have as much certainty over your R&D claim, as early as possible, even as early as the planning phase. But why?

Well, an R&D claim only gets you money back for costs you have already incurred. This means you’re not going to get any benefit from the investment until at least a year or so down the line, or if you’ve really got your act together, several months.

Getting a better understanding of what will qualify before the project, allows for a more accurate estimate of the true cost of the investment, at the outset. At the front of the project this enables more accurate budgeting for the time and resource invested. At the back of the project when the claim comes to realisation, this enables more accurate cashflow forecasting so you can plan for any potential future investment.


To get a better understanding of the true cost of your R&D investment, there are three big questions you need to be able to answer BEFORE you kickstartyour next R&D project:

  1. Is it even an R&D project?
  2. What qualifying activity can I claim for?
  3. What R&D rate should be applied to the qualifying activity?

Let’s take a look at each of these questions in a little more detail….

R&D investment
  1. Is it even an R&D project?

You’ve got to get past this hurdle first and believe us when we say, we still work with businesses that misidentify R&D projects all the time. To err on the side of caution it’s best to keep a record of all projects that you think will qualify and check it out with your R&D adviser if you are unsure.

So, how do you know if your project is eligible?

Well, to be eligible, an R&D Project must be:

Making a considerable improvement to existing technology. This doesn’t always mean it needs to be ground-breaking work. If you are working to overcome technical uncertainties in order make your products, services or processes, faster, less expensive, or better in some way, the project may be eligible for R&D tax relief.


Overcoming technological challenges, where the solution is not readily apparent to a qualified or experienced professional in their field of technology.

If it’s an R&D project, then it goes on the list, and you need to determine what costs you’ll be able to claim.

R&D project

2. What qualifying activity can I claim costs for?

To qualify, R&D activity must fall into one of the below categories:

  • Staff costs
    You can include the salaries, pensions and NIC of staff who are directly involved in the R&D project.
  • Reimbursed expenses paid to employees or directors on R&D travel
    You can include reimbursed expenses claimed by employees or directors on travel related to the R&D project.
  • Outsourced subcontractors or freelancers
    You can include 65% of the costs paid for “unconnected” subcontractors (under the SME R&D scheme).
  • Materials for prototype builds
    You can include the cost of the materials required for designing and constructing a prototype which will not be sold.
  • Ancillaries – utilities, software licences
    You can include an appropriate proportion of utilities and software costs used in your R&D projects.

Unfortunately it’s not always black and white, and knowing whether the activity ACTUALLY fits into a qualifying category can throw up some tricky red herrings.

software costs used in your R&D projects

Here’s a couple to keep an eye out for:

Software and Hosting….

Now this one’s a little cheeky. Although software licences can be claimed, hosting costs on their own do not fit into a qualifying category of R&D. This can be frustrating as businesses often incur large hosting costs used purely for R&D, so feel they should be included…but currently they aren’t.

Having said that, hosting can often include a lot of services, and depending on how the company uses them, there is the possibility they could be eligible under the software licence header. As you can see, this area is complex and your R&D provider would need to look into this for you, to help apportion the amount linked to a qualifying category.

Storage, telecom and data costs are just out of the game, they do not qualify.

Staff time…

Time allocation for employees involved in R&D projects will often be one of your biggest costs, and so it is vital to apportion everyone’s time as accurately as possible to get better certainty over your R&D claim. Record time spent by those directors, employees, qualified staff working on the R&D project.

It’s also important to make sure you are including staff costs for all indirect qualifying activity. This includes roles of support staff where they are engaged in activities such as finance and HR, that indirectly support an R&D project

3. What R&D rate should be applied to the qualifying activity?

So now we know the project is eligible, and the different qualifying categories the activity must slot into (including the nuances), we want to know the R&D rate that can be applied to the activities.

There are three main factors that could impact the amount of the costs incurred that you can actually claim back:

R&D SME Scheme vs. RDEC Scheme

Depending on which scheme you are claiming under, this can significantly impact the rate you can claim.

  • RDEC SCHEME: Following the 2021 Budget, RDEC increased to a 13% tax credit for expenditure incurred on or after 1 April 2020. As RDEC is subject to corporation tax, the net of cash benefit is currently 10.53%
  • SME SCHEME: The SME R&D Scheme is currently an additional 130% tax deduction for qualifying expenditure. So this equates to a 24.7% cash benefit for profitable companies, and up to 33.35% cash benefit for loss making companies that can claim the SME “tax credit”. Also note that following the 2021 Budget, SME tax credit claims are now subject to an annual cap of £20k plus 300% of the company’s PAYE and National Insurance Contributions liability.

The other major difference with the RDEC scheme is that you cannot claim for costs paid to limited company subcontractors.

Subcontracting vs. Inhouse

If your business sub-contracts R&D work to a third party subcontractor (unconnected to your company) – you will still be able to claim for some qualifying costs but the relief may only be 65% of those costs.

NOTE. If you have taken on subcontracted R&D work to your business, you might not be able to claim R&D tax relief at all, or the only route available to you is under the RDEC scheme – reducing your claim to 10.53% of the qualifying expenditure.

Profit Position vs. Loss Position

The upfront cashflow benefit is actually greater for loss-making SMEs. Here’s a look at the how this affects the rates:

Loss: If you’re going to be in a loss position, then HMRC will make a cash payment to you of up to 33.35p for every £1 spent on R&D activities.

Profit: If you’re going to be in a profit position then HMRC will make a cash payment to you (or offset against your corporation bill) of up to 24.7p for every £1 spent on R&D activities.

Then timings come into play….

Loss: If your company is going to make a loss, you can make the claim as soon as your accounts are prepared and ready for filing.

Profit: If your company is likely to be profitable, it’s a little different. The biggest benefit will come by reducing the tax bill which is due nine months after your year end.

Diagnostax. If your company is likely to be profitable, it’s a little different. The biggest benefit will come by reducing the tax bill which is due nine months after your year end.

R&D for Financial Forecasting

As you can see there’s actually a lot to consider when it comes to forecasting your R&D claim. Any steps taken towards getting a more accurate idea of your R&D claim in advance of the project are worthwhile.

If you are a business that is already claiming R&D tax relief, you should be able to retrospectively use the information from your previous claims to help you navigate some of the more challenging nuances of R&D tax relief.


If you think you might be eligible to claim R&D Tax Relief, or you’d like to discuss your R&D claim with us, please book a call.

Diagnostax. R&D software expenses

Diagnostax Blog 5: R&D and Software Expenses

R&D What software expenses can I claim for?

Almost every R&D Tax Relief claim that we process includes some form of software costs. But it’s hardly surprising, as every business today has software costs. We use software in just about every business process we do! It’s also the one R&D cost that most businesses feel comfortable with, when they come to make their R&D claim.

But what you might not know, is that there is one big grey area, meaning certain software costs cannot be claimed.

Let’s find out the fundamental rules when it comes to software costs, and what exactly this mysterious grey area is.

R&D software expenses


The rules around software costs would appear to be straightforward:

  • If the software has been purchased only to be used in an R&D project, then you can include 100% of the cost in the R&D tax claim.
  • If you use the software for other business activities that sit outside of the R&D project, then you need to calculate an appropriate proportion of the software’s cost to be included in your claim.

Simples, right?

Diagnostax. R&D software costs


With software, there are often ‘other costs’, that are incurred alongside the software when it is leased from external parties. It’s these costs where the grey areas start to creep in. These costs fall under the banner of ‘cloud computing’ and charges could be for a whole range of activities, including use of software, storage rental, and support.



Cloud computing and hosting is particularly relevant for businesses that are involved in R&D projects related to the development of software. It’s these ‘cloud computing’ costs that unfortunately do not meet the requirements of any of the qualifying criteria to make an R&D claim. It’s quite common for businesses to purchase packages which are used to support activity across their business operations as well as R&D activity. Therefore, it’s key to track the costs dedicated specifically to hosting the testing and development environment, when using the services.  The likelihood is you’ll be using software somewhere in your business, and it could impact your R&D claim. Like a lot of R&D categories, software has its grey areas, but that’s what we are here for, we will work with you to ensure you submit an accurate R&D claim.

As we speak new changes are on the horizon to include cloud computing and data costs, but stick with us and we’ll make sure you’re up-to-date as the changes come in.


If you think you might be eligible for R&D Tax Relief, and you’d like to find out more about how we can help you make your R&D claim , please book a call

Subcontractor or Contractor - what R&D can I claim

Diagnostax Blog 6: R&D Subcontractor or Contractor

Subcontractor or Contractor – what R&D can I claim?

Subcontractors. Maybe you use them, maybe you are one, maybe you are acting as one for a one off project. Whatever the circumstances, when it comes to R&D Tax Relief, subcontractors should be considered carefully when claiming R&D Tax Relief. On too many occasions now, we have seen companies miss out on money that should have been back in their business, and we don’t want that to be you.

In this article, we look at eight rules to determine WHEN subcontractors, and contractors can claim, and WHICH scheme you can claim via.


Let’s start with some key terms and definitions, as it might get a little technical in here….

The Contractor is the company that has ownership of the R&D project, and hires the Subcontractor.

The Subcontractor is the person or company hired to deliver work that contributes to the R&D project.

There are two different Subcontractor types:

A Connected Subcontractor is a company or individual controlled (meaning owned more than 50%) by the same shareholder(s) as the contractor.

An Unconnected Subcontractor is any subcontractor that is not a connected subcontractor.

Finally, here is a very quick description of the two R&D schemes available to claim via:

The RDEC scheme allows a company to claim up to 13% cash back of qualifying costs incurred.

The SME scheme allows a company to claim up to 33% of cash back of qualifying costs incurred.

Diagnostax. R&D Subcontractor claim


As a subcontractor there are two main scenarios with specific rules around when and what R&D you can claim for.   

SCENARIO 1 – When acting as a subcontractor to a large company, the subcontractor can claim but only via the “RDEC” scheme.

Example. A small company who specialises in testing products to satisfy a certain legal regulation. If a large multinational company was making a new product and contracted the small company to do some tests, the small company can potentially claim under RDEC.

Note that in this case the large company cannot claim for the costs paid to the small company, so there is no risk of a ‘double claim’ occurring.

SCENARIO 2 – When acting as a subcontractor to anyone, but you are doing your own separate R&D project alongside that work, you can claim via the SME scheme.Example. The small company above is improving an internal process for the testing of products that will lead to efficiencies in the delivery of its services to all customers. Staff within the team spend time specifically trying to develop the process. This could count as a separate project, claimable under the SME scheme.

SUBCONTACTORS CAN’T CLAIM WHEN…… acting as an SME subcontractor to another SME for their R&D project.

Example. The testing company above is doing work as a subcontractor to another SME. The SME contractor may be able to claim (under the SME scheme) for the payments to the testing company, and so to avoid a ‘double claim’, the testing company cannot make a claim itself for work on this project.

Diagnostax. R&D contractor claim


As a contractor there are four main scenarios with specific rules around when and what R&D you can claim, for payments to subcontractors:

SCENARIO 1: When a large company subcontracts to individuals, partnerships or qualifying bodies (excluding limited companies), it can claim via the RDEC scheme.

Example. A large multinational contracts some research from a university on its project.

SCENARIO 2: When an SME company is grant funded / subsidised and subcontracts to individuals, partnerships, qualifying bodies (excluding limited companies), it can claim via the RDEC scheme.

Example. A small company wins a grant to develop proprietary software for an online portal that will have significant economic and environmental impact if adopted by the target market. Some of the software development is contracted to a freelancer who is an individual. These subcontracted costs could be claimable under the RDEC scheme.

SCENARIO 3: When an SME company subcontracts a specific part of an R&D project to an unconnected party, it can claim for 65% of the costs as qualifying expenditure via the SME scheme.

Example. The same company as above is developing a similar piece of software to test commercial application in a different industry. A third party company is used for the some of the development work costing £30,000. A claim may be available for this cost, under the SME scheme, for up to £6.5k as a cash credit.

 When subcontracting R&D work to a connected subcontractor, you can usually claim via the SME or RDEC scheme, however the rules for what you can claim for may be more or less restricted based on the circumstances.

…… subcontracting to Limited companies under the RDEC Scheme.

Example. The company above, who won a grant to develop proprietary software, outsourced some of the software development to individual freelancers, and some to a limited company agency. Only the costs paid to the individuals is within scope to claim. The amounts paid to the limited company cannot be claimed.



Please note from 1 April 2021, HMRC brought in a limit on the payable tax credit a business can receive from a claim via the SME R&D Tax Credit Scheme. Businesses can now only claim R&D Tax Relief up to the value of 300% of their combined PAYE and NIC liability. The first £20,000 is exempt, but any amount above this threshold will be capped.

The cap specifically applies to businesses that are unprofitable, and businesses that end up with an ‘artificial loss’, which they could then surrender for a cash injection, because of the enhancement mechanism of the R&D Scheme. In these circumstances, subcontractor fees from businesses that are unconnected may be restricted from being eligible for R&D tax credits, as might salaries for overseas workers. However, you should still be allowed to include a fraction of the PAYE & NIC liability of a connected business that is delivering R&D activities for you.

There is however an exemption to be aware of, for which you need to pass a two test criteria. For the first test a business’s employees must be “creating, preparing to create, or actively managing intellectual property” – otherwise known as Patent Box Relief.

The second test is based on a calculation of fees paid to subcontractors and externally provided workers of connected businesses. This total amount must be no more than 15% of a company’s R&D expenditure. If you pass both tests, you will be exempt from the cap.



Finally, it’s also worth noting that contractors do not have to be based in the UK, and the R&D work they deliver for you, does not to have to be undertaken in the UK.


If you think you might be eligible for R&D Tax Relief, and you’d like to find out more about how we can help you navigate your R&D claim, please book a call.

Diagnostax.Fast forward your R&D Tax Credit

Diagnostax Blog 7: Fast Forward R&D Claim

With the backlash of Covid-19 and the relentless lockdowns, businesses have been hit hard. It’s hardly surprising cashflow is on every business owners mind right now. This is just one of many reasons, you might be looking to fast forward your R&D tax claim. If successful, bringing forward your R&D tax refund could be a huge helping hand for your business.


So how can a company fast forward their R&D Tax Credit?  Well, there are four routes we’re going to share with you, that are realistic options and easy to implement.

These are:

  • Shortening your year-end
  • Shortening your year-end…..again
  • Applying for advance funding
  • Getting your account filed on time

Before we look at the first option, let’s start with a quick recap on the timeframes. The hard and fast deadline for making a claim is two years after the end of the accounting year in which you incurred the costs. If you don’t claim within that two year window, you have missed out and there is no way to claw it back.

R&D tax claims are made via the company’s tax return which cover the same period as the company’s accounting year. You can only prepare and submit your accounts and tax return after the end of your accounting year. So in theory the earliest you can make your R&D Tax Credit claim is the day after the end of your accounting year.



Companies House automatically sets your company year-end based on the last day of the month the business was incorporated. But you can change your accounting year-end.

If you are experiencing cashflow issues, shortening your company year-end to bring the R&D Tax credit forward could be a way to get money back into your business faster. If money is tight, you should seriously consider shortening your current accounting period end, so you can make the claim as soon as feasibly possible.

Here’s an example.

A Software Company with a June year end has R&D costs of £100k and total losses of £100k up to 31 March 2021. However, they have forecasted their spend to be significantly less up to June.As a result they decide to shorten the year-end by nine months, bringing it forward to 31st March 2021. By doing this they can now submit an R&D Tax Credit claim of £33,350 to HMRC, three months earlier.


There’s actually no limit on how often you can shorten your accounting period year end. If you are expecting a fairly sizable credit, you could bring your year-end – and claim – forward by 6 months, say from September 2021 to April 2021, getting the cash back into your business by the June. You could then bring it forward again to the September and get even more cash into your business. The only thing to be mindful of is the fees associated with shortening your accounting period but these are likely to be minimal in comparison to the benefit of the cash to your business.


There are lending companies that may lend you up to 50% of your tax credits up to six months before the end of your accounting year. The lender would need to perform a due diligence and eligibility assessment, to determine just how much they could lend you. If they agree to provide the funding the money is transferred to you, and when HMRC pays your R&D claim, you use the credit to repay the debt.

Here’s an example:

A Manufacturing company has been claiming R&D Tax Relief for three years and each year they get approximately £100k back from HMRC.They have a June year-end, but their accounts and tax usually take nine months to finalise. Advance funding is available in January 2021 for the June 2021 year-end, which would otherwise only have been received in around May 2022. This effectively brings the cashflow forward by 16 months, with only the financing cost to the client.

Diagnostax. R&D tax relief claim


The earlier you get can get all the necessary company information to your accountant, the quicker they can process your R&D Tax Relief claim. You can’t do one without the other. We don’t want to be waiting to submit our clients R&D Tax Claims because we haven’t got expense receipts! It’s valuable funds waiting to come back into your business.


If you’d like to explore bringing forward your R&D tax claim, we can help you, please book a call.

Diagnostax. R&D project fails

Diagnostax Blog 8: Failed R&D Projects

Can I claim tax relief for failed R&D projects?

Failure is a reality of life, and the same applies in business. Failure comes hand in hand with innovation; it’s a by-product of learning and development. So to innovate, is to take a risk. When you start an R&D project, you have no guarantee that the project is going to be a success. You know that. That’s why R&D tax credits exist, to incentivise businesses to take that risk.


R&D tax relief is not solely aimed at rewarding successful projects, it is intended to incentivise certain behaviour in businesses. The Government Guidelines on the meaning of research and development for tax purposes, clearly state: “Even if the advance in science or technology sought by a project is not achieved or not fully realised, R&D still takes place.” (Paragraph 10)

Diagnostax. Failed R&D is still R&D

Here’s four points you should consider if an R&D project you are working on fails:

  • Not all projects achieve the advance in science or technology they are seeking:
    As long as the projects seeks to achieve an advance in science or technology and completes work to attempt to resolve the scientific or technological uncertainty, R&D applies.
  • Projects that fail can often be the most fruitful, from a learning perspective:
    The information from these projects is invaluable. The more you fail, the more you learn and get closer to your goal of success.
  • If a project fails, keep a record of why:
    If it’s a technical reason make sure you raise this with us, and that we consider this when you claim.
  • If a project fails for business, commercial or legal reasons, it’s not a failed R&D project:
    You still have to look at the advances sought, and technical difficulties and challenges faced. Provided the project meets these criteria, you can claim, whether or not you achieved the intended outcome.




Attempted integration of several systems for a bespoke enterprise resource planning system, where APIs were either not set up or of limited use. Significant time and effort went into trying to find a workable solution, but technical difficulties lead the project to be put on hold whilst other solutions were considered. The investment of staff time and external subcontractors had run to £120k and lead to an R&D tax refund of £25k in total.  



Development of an adjusted process to reduce waste in the manufacturing process. The company manufactures car parts and was trying to find ways to reduce the waste materials produced in the production process. After trialling three different methods and testing new materials, no significant reductions in waste were available. The project was abandoned due to other business areas becoming prioritised when the market changed due to Covid. The in-house team’s time and some materials and tooling costs were incurred, which resulted in a tax credit refund of £55k.


An R&D Tax claim can be a very welcome friend, following the financial hit of a failed project, it takes the edge off the risk and enables further investment into innovation.  It’s a great way to fund R&D projects and claw back the losses from the failed work, so you can go again. If successful, R&D tax credits can provide businesses with the funding to kickstart further projects and enable a continuous flow of funded innovation.  And innovation promotes more innovation.


If you think you might be eligible for R&D Tax Relief, and you’d like to find out more about how we can help you make your R&D claim, please book a call.

Diagnostax. R&D Recordkeeping

Diagnostax Blog 10: R&D Recordkeeping

9 R&D record keeping habits your business needs

Surprisingly HMRC doesn’t set out any specific record-keeping requirements when it comes to R&D tax claims. It recognises that every business operates differently and the way they keep their records will reflect this. HMRC also understands that first time claimers won’t have fully audited records. However, if you’re not first time claimers it is good practice to establish a reliable record-keeping system as early as possible. This will only improve the success, and possibly enhance the value of your claim refund. More funds means more projects and less chance of HMRC questioning your costs for eligibility. 

With that in mind we want to share some good practice habits to establish in your business when it comes to record-keeping.


Well, the records you keep for the time and money invested on research and development are the audit trail for your R&D Tax Relief claim. To make a claim, you need to be able to realistically prove to HMRC your expenditure. The records you keep will need to: demonstrate a systematic approach to R&D activity, evidence all qualifying spend and validate any innovations made were not ‘by chance’


The simplest and most effective thing you can do, is setup a list of all the R&D projects your business has worked on over the last 12 months, including any new ones. If you’re unsure whether a project is R&D, stick it on the list and start recording. It’s better to have the information recorded when it comes to crunch and then it can be ruled it in or out.


Here’s an overview of the key information you should be recording for each R&D project:


Keep a record of time spent by directors, employees, and any other qualified staff working on R&D projects. These records will be used to apportion the salary and any other costs that can be allocated to the claim. First you’ll need to identify the projects each employee worked on during the year. Then for each project the qualifying R&D activity delivered by the employee and the time taken.

Records include:

  • Salary (pension, NIC, Bonuses)
  • Reimbursed Expenses (any travel, accommodation, subsistence costs related to R&D project and reimbursed via an expense claim)
  • Time sheets if applicable (we will talk timesheets later!)


Keep a record of all subcontractors (connected and unconnected) working on any R&D projects. Connected subcontractors, are those where two companies are controlled by the same person or are part of the same group. A record should be kept for all ‘paid for’ subcontractor invoices. We’d always recommend splitting up the two categories to record connected subcontractor costs and unconnected subcontractor costs separately.

Records include:

  • Invoices relating to all these costs
  • Contracts
  • Time sheets if applicable


Keep a record of costs for all materials and resources consumed as part of your R&D project, this includes materials, water, light and heat.

Records include:

  • Invoices relating to all material costs
  • Invoices relating to water, light and heat costs


Keep a record of all software licences used, specifically on the R&D project. If the software was bought for use in the R&D project only, you can claim 100% of its price. However, if the software will only be used partly in your R&D project you will need to apportion the costs. 

Records include invoices relating to all these costs, and what they were used for.


Keep a record of all costs linked to the design and production of a prototype needed to test the R&D project. We often see this one slip through the net!

Records include invoices relating to all these costs.


The best place to start is with the systems or processes you already have in place for record-  keeping and identifying how they can be modified or enhanced to be even more accurate. Here’s some ideas for different levels of record-keeping systems you can introduce into your business processes, starting with people time.


Cloud-based timesheets

Timesheets are perfect for recording employee time spent on R&D projects and provide a great audit trail for your R&D claim. There are loads of systems such as Meistertask, Trello, Asana and Basecamp, which you can use to record and track all project related activity, including people time.

However, these systems do require commitment and rely on timesheets becoming an integral part of your culture. Employees will need to log all the activity, and the number of hours spent against a specific project. If it can be adopted, it is a really effective way to report on employees contribution to projects. We can recommend a free app called Clockify. You can report on individual employees, or teams & R&D projects and export reports.


You don’t have to go all out and integrate a cloud based timekeeping system. Spreadsheets can do the trick. You might find it easier to get started with a spreadsheet and trial whether timesheets is something that could work for your business. The same logic applies; log projects, tasks and time spent at the end of each day. Review this weekly or monthly to ensure you have recorded all time spent.

Email calendars

If your business uses Outlook or Gmail calendars to log ALL meetings and tasks, a sensible way to trial out timesheets, is by using the categories feature. Set up a colour code system for your R&D projects and when scheduling your time apply the correct colour. At the end of each week you can very quickly estimate the time spent across different projects in the business.

Project meetings

It might be that a timesheet system isn’t right for your business, but that’s okay. If that’s the case, you could use meetings as an opportunity to take minutes and record the input from employees involved in R&D projects. You could set up a weekly projects meeting, or include an R&D slot in an existing team meeting. No one likes a meeting for meetings sake.


For all other costs, your accounting system will become your best friend. You can easily set up R&D codes for each project within your nominal ledger. Codes can be allocated to expenses from expenditure on, materials, sub-contractors, consumables, software licenses. However, you need to make sure that the code system is clearly communicated to everyone that will be expected to use it. We have had cases where clients have taken this a little too literally and started to record EVERYTHING under the new codes! Oops! That’s one way to get an HMRC enquiry…..


Where you are using subcontractors that also work on projects outside of the scope of R&D, it’s all about communication. Agree how you would like them to identify R&D project work and ensure they stick to it. Little tips like this just make it easier to add the invoices to your system accurately using the correct code.


If you think you might be eligible for R&D Tax Relief, and you’d like to find out more about how we can help you make your R&D claim, please book a call.

R&D and Patent Box

Diagnostax Blog 11: R&D and Patent Box

Can I claim R&D Tax Credits & Patent Box Relief?

If you are claiming R&D Tax Relief and you have invested in patents or other equivalent Intellectual Property, you might be eligible for another cheeky tax relief known as Patent Box Tax Relief. Like R&D Tax Relief, Patent Box Relief is an incentive designed to drive UK companies to innovate, but with the specific intention of retaining Intellectual Property in the UK.  

Read on to find out more about Patent Box Relief and how it interacts with your R&D Tax Relief claim.


You may be able to make a Patent Box Relief claim if you own:

  • patents that are making your business a profit, or,
  • profitable, unpatented intellectual property which you could patent.

If you are doing one of the above activities, you may be able to make a Patent Box Tax Relief claim that could reduce your business corporation tax to 10%.


To be eligible to claim, you must:

  • be a UK Limited company paying UK corporation tax, and,
  • have developed an innovative product or process, filed a patent application, and made profits that are related to the patent.

When you hear patent, you might automatically think of groundbreaking inventions but it’s doesn’t have to be this complex. Patented inventions can be as a result of a relatively small technical improvement to a product or process.

If you are put off by the prospect of a difficult, expensive process to apply for a patent, well the Patent Box Relief should provide the silver lining. For it’s not just UK profits that qualify for the relief. An amazing 100% of the company’s worldwide profits resulted from that patented product or process, could qualify for a reduction to 10% corporation tax. From 1st April 2023 that’s up to a 15% saving! Similar to R&D Tax Relief, Patent Box claims must be made before two years AFTER the end of the accounting year in which the relevant profits and income were made.  


The short answer is yes. You might have thought that because the activity is all focused on innovation that there might be exemptions around being able to claim both. Wrong. The two schemes are separate but they can be combined, which is great news!

Companies can benefit from 10% corporation tax for profits related to the patented product or process, whilst claiming up to £25 for every £100 spent on Research and Development. But the savings do interact with each other. R&D tax relief reduces your profits subject to corporation tax, whilst patent box applies a 10% tax rate on profits after applying R&D tax relief and the patent box calculations.

If you’re actively involved in patents, alongside your R&D activity you need to make sure you are maximizing both schemes.  

Let’s take a look at an example..

A cosmetic dentistry business made £800k profit for the accounting period ending 31st July 2021. They expect to pay £152k in corporation tax.

They own a patent for cosmetic dentistry which was granted for the UK in September 2020. They made £100k profit from the patent.

The business also undertook Research and Development (R&D) in respect of prototyping the product which cost them £100k in this accounting period.

Firstly, they can claim an additional £130k deduction from their profits due to the R&D activities which reduces their profits subject to tax, down to £670k. This saves them £24,700.

Secondly with a patent box election, the £100k patent profits are taxed at 10% instead of 19%. This saves them £9k.

By making these claims, it means the company will now pay £118,300 in tax, resulting in a total saving of £33,700.


If you think you might qualify for Patent Box Relief, get in touch and we will help make sure you maximise your claims across both schemes. Book a scoping call to discuss your claims.

Secret R&D

Diagnostax Blog 12: Secret R&D

Are you sat on secret R&D?

Even though you already claim R&D Tax Credits, there’s every possibility your company could be sat on ‘secret’ R&D. But what do we mean by ‘secret’ R&D? Well, we often come across clients that have developed or built a product, process or service specifically for themselves without recognising that what they are doing is research and development. They are so focused on just ‘doing’ the work they do, they don’t recognise the steps they are taking. It’s only when you start thinking in a certain way that you begin to recognise that you are sat on products, service and processes that you could claim R&D Tax Relief for.

With that in mind, we want to share some examples, to give you an idea of the types of activity and situations in which secret R&D occurs.


Secret R&D can manifest in many different ways, through things like:

  • Investing in technology and bespoke integration to improve efficiency
  • Developing specialist software to resolve inefficiencies in business processes
  • Developing new products to improve service delivery
  • Developing an existing service to improve customer experience
  • Developing new systems to improve business processes

Here’s five real life examples of businesses that had been sat on secret R&D..

Are you sat on secret R&D?

Business: SAAS Technology solutions
Secret R&D:
Business as Usual
R&D Tax Refund:

Working with clients to deliver bespoke technology business solutions for a wide range of industries and business scenarios, this company delivers R&D qualifying projects pretty much every day. The business was so involved in the day-to-day, they didn’t recognise that they were delivering research and development, daily. The company had also invested significant resource into the development of their own technology solution, just seeing it as an internal project needed to improve their efficiency.

Working with a client they recently developed one of the UK’s most advanced smart metering platforms leading to just over £7.5K of R&D tax credits.

Business: E-commerce
Secret R&D:
Resolving Inefficiency
R&D Tax Refund:

Anecommerce business specialising in sports accessories, developed a specialist shipping integration software to improve inefficiencies in their business processes.Working with a subcontractor, they modified a program to make it more efficient for use within their business. Significant improvements were made to the software program to integrate the software into their systems, and the internal R&D project generated a claim worth £6k over a two year period.

Although the business set out to resolve inefficiencies in their business process, they were too involved in the project to recognise their own work to be innovative.

Business: Scaffolding contractors
Secret R&D:
Save Time & Money
R&D Tax Refund:
These guys are experts in scaffolding, specialising in the provision of scaffolding installations to a wide range of industries.They had invested in the development of a free-standing scaffolding structure to be used for internal scaffolding, primarily to save their time and cost when setting up jobs.

The company was clueless that what they had set out to do was an R&D project. They just wanted to save themselves time and money! However, in the process they developed a new innovative scaffolding product applicable industry wide and acquired a corporation tax repayment of over £22K for a two year period.

Business: Gastropub & Hotel
Secret R&D: Improve customer experience
R&D Tax Refund: £7K

A Gastropub and Hotel based in the North of England, wanted to provide a menu that catered for all tastes and needs, as they wanted everyone to find something really good on the menu. They knew it didn’t make economic sense to have a dozen different menus, so they worked on a new menu to cater for all dietary requirements.

The gastropub developed an innovative menu that could be produced to cater for vegan and gluten free diets, without compromising on the customer experience.

The owner was convinced there wouldn’t be a claim because it’s just ‘what they do’ but when he reflected on all the hard work that goes into crafting their menus he was able to see the numerous research and development steps in their work.

This work realised an R&D Tax claim of £7k for the gastropub.

Business: Fashion & Apparel
Secret R&D: Sales toolR&D
Tax Refund: £15K

A women’s clothing manufacturer and retailer, developed a unique sports clothing range for pregnant women which they understood would qualify for an R&D claim. However, alongside this they delivered a complex website project which included the development of a global directory of maternity fitness instructors. Developed as a sales tool, the business was completely unaware that they had built something completely new and innovative.

Altogether the R&D projects equalled a total benefit of just over £15K.

Ensuring you identify all the R&D in your business requires a mindset change, and cultural shift to make it work business wide. You have to change the way you think about what you are doing day-to-day. Encourage your employees to constantly challenge the way they – and others – do things, to make suggestions for improvements and bring forward new ideas.

You could be sat on secret R&D gold.


If you think you might be eligible for R&D Tax Relief, and you’d like to find out more about how we can help you make your R&D claim, please book a call.

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