Frequently asked questions
Straight answers on the schemes, eligibility, costs, process and compliance. If your question is not here, ask us directly.
The schemes
It depends on when your accounting period begins and on your tax position. For periods beginning on or after 1 April 2024 there are two schemes: the merged R&D expenditure credit, the default for companies of every size, and Enhanced R&D Intensive Support (ERIS) for a loss-making SME whose relevant R&D expenditure is at least 30% of its total relevant expenditure. That denominator is broadly the trading costs in its accounts for the period, not just the R&D ones. Periods that began before 1 April 2024 fall under the old SME and RDEC schemes, which remain open to amendment for roughly two years after the period ends. Our guide to which scheme applies works through the decision step by step.
Last reviewed September 2026
Sources
- Merged scheme & ERIS guidance — the two current schemes: the merged credit as the default and ERIS for loss-making R&D-intensive SMEs
- Merged scheme RDEC reform (policy paper) — the merged scheme applying to accounting periods beginning on or after 1 April 2024
- CIRD123000: ERIS intensity condition — the 30% intensity ratio and the total relevant expenditure it is measured against
Under the merged scheme, £100,000 of qualifying spend generates a £20,000 gross credit. Because the credit is taxable, the net benefit is £15,000 at the 25% corporation tax rate, or £16,200 where the 19% rate applies or the company is loss-making. Under ERIS, a loss-making R&D-intensive SME with sufficient losses receives £26,970 in cash on the same spend: £100,000 x 186% x 14.5%. Your own figure depends on scheme, tax position and losses. Our calculator gives an estimate on your numbers, and the merged scheme guide shows the full workings. Five claims are costed in full in our worked examples.
Last reviewed September 2026
Sources
- Merged scheme & ERIS guidance — the 20% merged credit rate, and the ERIS 186% deduction and 14.5% payable credit
- CTA 2009 s1042K — the notional tax deduction taken at step 2, which is what makes the merged credit taxable
- CIRD112100: merged scheme payment steps — the seven steps the credit runs through before any cash reaches the company
ERIS is the higher-rate relief for loss-making SMEs whose relevant R&D expenditure is at least 30% of their total relevant expenditure, with connected companies counted on both sides of the ratio. It works through an additional 86% deduction (186% in total) and a payable credit of 14.5% of the surrenderable loss, worth up to 26.97p per £1 of qualifying spend. The credit is not taxable. A one-year grace period can protect a company whose intensity later dips, but only where it met the intensity condition in its most recent prior 12-month accounting period and obtained relief for it. See the full ERIS guide, or test your ratio with the ERIS intensity calculator.
Last reviewed September 2026
Sources
- Merged scheme & ERIS guidance — the 186% total deduction, the 14.5% payable credit and the 30% intensity test
- CIRD123000: ERIS intensity condition — the intensity ratio, connected companies on both sides of it, and the one-year grace period
- CTA 2009 s1045ZA — the ratio itself, the exclusion of transfers of value to a connected company, and connection on any day in the period
Yes. Loss-making companies claim under the merged scheme and receive the credit in cash, worth 16.2p per £1 of qualifying spend after notional tax at 19%, subject to the PAYE cap. Loss-making SMEs that pass the 30% intensity test can claim ERIS instead, worth up to 26.97p per £1. Making a loss does not weaken a claim; for R&D-intensive companies it opens the most generous rate in the system.
Last reviewed September 2026
Sources
- Merged scheme & ERIS guidance — the merged credit paid in cash to a loss-maker, and ERIS as the alternative for a loss-making R&D-intensive SME
- CTA 2009 s1042K — the notional tax deduction taken at step 2, which reduces the credit before any cash is paid
- CIRD140000: PAYE cap — the £20,000 plus 300% ceiling the cash payment is subject to
Yes. For accounting periods that begin on or after 1 April 2024 the subsidised-expenditure rules are gone, so an Innovate UK award, or any other grant, leaves the merged scheme and ERIS alone: you can take both. Most of what is still online describes the old SME position, where grant funding pushed spend into a lower-value scheme, and that analysis now bears only on claims for earlier periods. One narrow carve-out applies to companies registered in Northern Ireland claiming ERIS; Great Britain registrations are unaffected. Our grants guide has the current position in full.
Last reviewed September 2026
Sources
- Merged scheme RDEC reform (policy paper) — the subsidised-expenditure rules not carried into the merged scheme from 1 April 2024
- Finance Act 2025, section 29 — the Northern Ireland provisions substituted into CTA 2009, with effect for claims made on or after 30 October 2024
- CIRD125000: ERIS and companies registered in Northern Ireland — the de minimis limit on the additional benefit amount of claims made under Northern Ireland ERIS
Yes — a ceiling on cash, not on the claim. No company takes more payable credit from a period than £20,000 plus three times its relevant PAYE and National Insurance. “Relevant” is adjusted for connected companies: added where one supplies you, removed where you supply one — in each case only the payroll behind that supply. It applies under the merged R&D expenditure credit and ERIS alike. Under the merged scheme the restricted amount carries forward as an expenditure credit for the next period. Under ERIS the credit does not carry forward at all: what survives is the loss the company chooses not to surrender, so an ERIS claim must be sized to the cap before filing. An exemption lifts the cap altogether, on two conditions about the company’s own intellectual property and its connected-party spend: what is the PAYE cap on R&D tax credits? sets out what each demands. If your payroll is small and your R&D is largely subcontracted, model the cap before the year end.
Last reviewed September 2026
Sources
- CTA 2009 s1112B — the cap of £20,000 plus three times relevant PAYE and NIC, proportionately reduced for periods shorter than twelve months
- CTA 2009 s1112E — the exemption: condition A on intellectual property created by the company's own employees, and condition B's 15% limit on connected-party contractor and externally provided worker spend
- CTA 2009 s1042J — subsection (2), adding the amount restricted by the cap to the merged-scheme credit for the next accounting period
Yes, for accounting periods that began before 1 April 2024, provided the claim window is still open. Claims can generally be made for two years from the end of the period of account, so the last standard deadlines for old-scheme claims fall in late March 2027. Take care with claim notification: a company caught by the notification requirement that missed its six-month window cannot rescue the claim, even where the amendment deadline is still open. Our guide to backdated claims covers the remaining runway and the traps.
Last reviewed September 2026
Sources
- CIRD81800: SME claim time limits — the roughly two-year amendment window that keeps old-scheme claims open
- Tell HMRC you want to claim Research and Development (R&D) tax relief — the six-month notification window, which has no late route even where the amendment deadline is still open
- R&D relief for SMEs — the old SME rates of 86% / 10% / 14.5%, for accounting periods beginning before 1 April 2024
Eligibility
Four things: your company must be subject to UK corporation tax, carrying out qualifying R&D — a project seeking an advance in a field of science or technology through resolving uncertainty that a competent professional could not readily resolve — and spending money in the qualifying cost categories, such as staff, subcontractors and consumables. The going concern condition then applies differently by scheme: under the merged scheme it governs whether the payable amount is actually paid, with the payment reinstated if the company becomes a going concern again on or before the amendment deadline, while under ERIS it bars the claim itself. Beyond those basics, details such as contracts, grants and group structure shape which scheme applies and what the claim is worth.
Last reviewed September 2026
Sources
- CIRD81200: company subject to CT — relief is available only to companies within the charge to UK corporation tax, in respect of profits charged to corporation tax
- DSIT Guidelines: meaning of R&D for tax purposes — the advance, uncertainty and competent professional tests that the qualifying R&D condition turns on
- CIRD191000: going concern — the going concern condition, and why it bites on the payable amount under the merged scheme but on the claim itself under ERIS
Effectively, yes. R&D relief runs through the corporation tax system, so it reaches only entities within the charge to UK corporation tax; a sole trader or an ordinary partnership pays income tax and has no equivalent to claim. An LLP cannot claim in its own right, but relief can still find its way to a corporate member, through the way that member’s own corporation tax computation picks up its slice of the partnership profits — so long as the R&D relates to a trade the partnership carries on, or will carry on. One limit applies whichever scheme is in point, not only to old periods: HMRC reads the partnership computation rule as doing nothing beyond fixing the corporate member’s profit, so the benefit lands as reduced profits and no payable cash credit can be claimed on it.
Last reviewed September 2026
Sources
- Merged scheme & ERIS guidance — relief is claimed through corporation tax, so it reaches only companies chargeable to corporation tax
- CIRD81220: company as member of partnership — section 1259 does no more than fix the corporate member's profit on HMRC's reading, so no payable tax credit follows
No. The minimum expenditure requirement was removed for accounting periods ending on or after 1 April 2012, precisely so that small companies and start-ups were not shut out. A small claim still carries the same compliance obligations as a large one, including claim notification for first-time claimants and the Additional Information Form, so the practical question is whether the benefit justifies preparing the claim properly. We will tell you honestly if it does not.
Last reviewed September 2026
Sources
- CIRD81600: minimum expenditure — the £10,000 minimum expenditure requirement and its removal for accounting periods ending on or after 1 April 2012
- Tell HMRC you want to claim Research and Development (R&D) tax relief — the claim notification requirement for first-time claimants, which applies whatever the size of the claim
Yes — the test looks at what the work set out to resolve, not at whether it got there. The Guidelines are explicit that R&D still happens even where the advance is never achieved, and dead ends often make the strongest case that the uncertainty was real: a problem a competent professional could settle readily does not defeat a team for months. Failure on its own qualifies nothing, though — a product that flopped commercially, or a build that stalled on ordinary engineering difficulty, counts only where the underlying work sought an advance in science or technology through uncertainty a competent professional in the field could not readily resolve. Write down what you tried, where existing knowledge ran out and what the work taught you; our guide to what actually qualifies marks where the line falls.
Last reviewed September 2026
Sources
- DSIT Guidelines: meaning of R&D for tax purposes — paragraph 10, that R&D still takes place even where the advance sought is not achieved, and the advance and uncertainty tests an abandoned project must still meet
- GfC3: Recommended approach to claims and record keeping (part 5) — what HMRC expects to be recorded about what was tried, where existing knowledge ran out and what the work established
Someone whose qualifications, practical experience, or both place them genuinely inside the project’s own field — competence is judged field by field, so a software architect is not one on a fermentation problem. Their job in a claim is to pin down the uncertainties and say why the answers were not readily available to a professional working in that field. Degrees are not a legal requirement, but HMRC looks for command of the underlying principles, awareness of where the field’s knowledge currently stands, and a genuine track record; an intelligent interest in a subject qualifies nobody. Identify yours before drafting starts, because the AIF is built around their judgement — and the full definition sets out the remaining tests.
Last reviewed September 2026
Sources
- GfC3: the importance of a competent professional — the three attributes HMRC expects — command of the principles, awareness of the state of the field, an accumulated track record — and its warning that an intelligent interest in a subject is not enough
- DSIT Guidelines: meaning of R&D for tax purposes — the competent professional test, judged in the specific field of science or technology the work sits in
- Submit detailed information before you claim — the Additional Information Form's project questions, which are built around the competent professional's judgement
The SME thresholds (fewer than 500 staff, and either turnover of €100m or less or a balance sheet total of €86m or less) are tested across your wider group, not your company alone. A linked enterprise is one that controls you or that you control, typically through more than 50% of the voting rights; its headcount, turnover and assets are added to yours in full. A partner enterprise holds between 25% and 50%; you add its figures in proportion to the holding. Exceptions exist for certain venture capital firms, universities and institutional investors. Under the current schemes this matters chiefly for ERIS, which only SMEs can claim.
Last reviewed September 2026
Sources
- CTA 2009 s1119 — the SME definition taken from Commission Recommendation 2003/361/EC, which is where linked and partner enterprises and their aggregation come from
- CTA 2009 s1120 — the thresholds the aggregated figures are tested against: fewer than 500 staff, and turnover of €100m or less or a balance sheet total of €86m or less
Company size only changes for R&D purposes once the thresholds have been crossed in two consecutive years; in the first period you cross them, your existing status holds. The exception is ownership. Where the enterprise whose figures come in already exceeds the headcount limit or both financial limits on its own account, there is no grace year and SME status ends for that period — and a minority stake can be enough. Where the acquirer is itself an SME, a relief runs the other way and the target keeps SME status for that period; what happens if my company outgrows the SME definition sets out the full position. Under the current schemes, size matters chiefly for ERIS, which only loss-making, R&D-intensive SMEs can claim; the merged scheme applies to companies of every size at the same rate.
Last reviewed September 2026
Sources
- CIRD92000: change of status to and from SME — the two consecutive years rule, and the disapplication of the transition period where the breach comes from a partner or linked enterprise's figures
- CTA 2009 s1120B — the target keeps SME status for the period where the acquirer taking control is itself an SME
Often, yes. For accounting periods beginning on or after 1 April 2024, the customer claims only where, when the contract was made, it intended or contemplated that R&D of that sort would be undertaken. Where it did not, because it bought an outcome and left the how to you, you can claim in your own right as the contractor. Contractors working for overseas customers, or for customers carrying on no trade within the charge to UK tax, can also claim in their own right. Contract wording usually decides the point, so review it before either side claims. Our guide to contracted-out R&D works through the scenarios.
Last reviewed September 2026
Sources
- CTA 2009 s1133 — the contracted-out test at s1133(2)(c) — whether the customer intended or contemplated, when entering the contract, that R&D of that sort would be undertaken — as substituted for accounting periods beginning on or after 1 April 2024
- CIRD161000: contracted-out R&D — the intended-or-contemplated test as HMRC reads it, and the contractor's own claim where the customer is outside the charge to UK tax
Not in its own right. A partnership is not a company for corporation tax, so it cannot hold an R&D claim, and a limited liability partnership is in the same position because it is taxed as a partnership on its members. Where a member is a company within the charge to corporation tax, section 1259 CTA 2009 computes the firm’s trade profits as though a company carried on the trade, and R&D relief can reach that member through its profit share — provided the R&D relates to a trade the partnership carries on or intends to carry on. What does not follow is cash: HMRC’s stated view is that the payable tax credit cannot be claimed on relief reaching a corporate member this way. Our full answer sets out whether an LLP or partnership can claim R&D tax credits.
Last reviewed September 2026
Sources
- CTA 2009 s1259 — the computation of a firm's trade profits as though a company carried on the trade, where a partner is a company within the charge to corporation tax
- CIRD81220: company as member of partnership — why HMRC treats the payable tax credit as unavailable on relief reaching a corporate member this way, and the requirement that the R&D relates to a trade the partnership carries on or intends to carry on
- CTA 2009 s1273 — an LLP's activities treated as carried on in partnership by its members, so references to a company do not include it
Qualifying costs
Six categories: staff costs, apportioned to time spent on R&D; externally provided workers, such as agency staff; subcontracted R&D, which qualifies at 65% for unconnected subcontractors; consumables, meaning materials used up or transformed in the work plus an apportionment of water, fuel and power; software, data licences and cloud computing used in the R&D; and payments to clinical trial volunteers. Capital expenditure, rent and patent costs sit outside the relief, though capital spending on R&D can instead attract R&D allowances. The detail matters, particularly apportionment and the UK-only rules for subcontractors and external workers, so start with our qualifying costs guide.
Last reviewed September 2026
Sources
- Check what R&D costs you can claim — the six qualifying cost categories and the 65% rate for unconnected subcontractors
- CTA 2009 s1125 — consumable or transformable materials include water, fuel and power
- CIRD81700: capital expenditure — capital expenditure excluded from R&D tax relief, but capable of qualifying for R&D allowances
Three things, broadly: licence fees for software the R&D actually used, licences to access someone else’s data, and cloud services — remote compute, storage and platforms — where the spend is directly attributable to the work. The test is what the tool was doing, not what it is: spend has to trace back to resolving the project’s scientific or technological uncertainty. That keeps the CRM, the finance system and the cluster running live customer traffic out of the claim, however necessary they are. Very little is used only on the R&D, so apportionment is most of the job — take the share on a basis you can justify, whether that is billing data, project tags or hours, and write down what that basis was. Our full cost list has the detail.
Last reviewed September 2026
Sources
- Check what R&D costs you can claim — software licence fees, the reasonable-share basis for mixed use, and data licence and cloud computing costs
- CTA 2009 s1126ZA — the statutory definitions of a data licence and of cloud computing services, including the requirement that the facilities are remote
Payments to unconnected subcontractors qualify at 65% of the portion attributable to R&D undertaken in the UK or within the narrow overseas exception, so a £10,000 invoice for qualifying UK R&D contributes £6,500 to the claim. Two conditions sit around that rate. First, for accounting periods beginning on or after 1 April 2024 the subcontracted work must be undertaken in the UK, unless it meets the narrow qualifying overseas expenditure exception. Second, you can only claim at all if your customer did not, when contracting, intend or contemplate that R&D of that sort would be undertaken: the contracted-out R&D rules decide who claims.
Last reviewed September 2026
Sources
- Check what R&D costs you can claim — the 65% rate for payments to unconnected subcontractors
- Merged scheme & ERIS guidance — the UK expenditure restriction on subcontracted R&D and the contracted-out rules
- CIRD161000: contracted-out R&D — the intended-or-contemplated test that decides which side of the contract claims
Usually not, for accounting periods beginning on or after 1 April 2024. Subcontracted R&D must be undertaken in the UK, and externally provided workers’ earnings must attract UK PAYE and Class 1 NIC. Both restrictions share the same narrow exception, qualifying overseas expenditure: conditions necessary for the R&D (geographical, environmental, social or regulatory, such as clinical trial populations or a regulator’s requirements) that are not present in the UK, are present where the work is done, and would be wholly unreasonable to replicate here. Cost savings and workforce availability are expressly excluded as justifications. Our overseas R&D guide covers the planning implications.
Last reviewed September 2026
Sources
- CTA 2009 s1138A — the qualifying overseas expenditure conditions, and the exclusion of cost and the availability of workers
- CIRD150500: overseas restrictions, overview — the UK-only default for subcontracted R&D and externally provided workers, and that the list of excluded conditions is exhaustive
- Merged scheme RDEC reform (policy paper) — the overseas restriction applying to accounting periods beginning on or after 1 April 2024
The claim process
Through your Corporation Tax return. The claim itself is made in the CT600, and the Additional Information Form must be submitted before or with it, covering project descriptions, cost breakdowns, the senior internal R&D contact and every agent involved. Preparation runs in two strands: establishing which projects meet the qualifying R&D definition, and calculating the qualifying costs. We are registered with HMRC as tax agents and prefer to handle the whole sequence ourselves, submitting the return that contains the claim, or amending it if it has already been filed, so nothing reaches HMRC out of order.
Last reviewed September 2026
Sources
- CIRD181000: reformed reliefs, claims process — the claim is made in the Company Tax Return or an amendment to it, with a completed CT600, a CT600L where a payable credit is claimed, and computations that reflect the claim
- Submit detailed information before you claim — the form must reach HMRC before or on the same day as the return, and the project descriptions, cost breakdown, senior internal R&D contact and agent details it asks for
- CIRD182000: additional information requirement — the form is required for claims made on or after 1 August 2023 — in practice 8 August 2023 — and a claim made without it is invalid
How long preparation takes depends on the claim and on the state of your records; once the information is gathered from your team, a few weeks is common, and there is no standard answer worth quoting. Once submitted, HMRC’s processing time varies with the complexity of the claim, the quality of the supporting information and the volume of claims in the queue — and nobody outside HMRC controls that queue, so treat a promised payment date from any adviser with suspicion. If HMRC opens a compliance check, payment is withheld until it is resolved, which is one reason preparation standards matter more than speed. We agree a realistic timeline at the start and keep you informed throughout; HMRC’s own published aims are set out in how long it takes to receive the payment.
Last reviewed September 2026
Sources
- CIRD80525: practice note for ISBC and WMBC — HMRC's published aim to pay 85% of payable tax credits or make contact within 40 days, and its withholding of payment where it thinks a claim may be incorrect
- CIRD112100: merged scheme payment steps — HMRC need not pay a payable credit while the return is under enquiry
Only lightly. We are registered with HMRC as tax agents, so we prepare the claim, the calculation and the Additional Information Form, and we prefer to submit the corporation tax return containing the claim ourselves, or amend it if it has already been filed. From your accountant we typically need copies of the return, the accounts and payroll records; their day-to-day role and the client relationship stay theirs, and many of our clients arrive through their accountant. If you are an accountant considering a referral, our working with accountants page explains the arrangement. The fuller comparison, including when your accountant is the right answer, is at specialist or accountant: who should prepare the claim?
Last reviewed September 2026
There is no statutory format. HMRC accepts that some R&D costs will be an estimated proportion of known expenditure — staff time, for example — provided the estimate is arrived at using evidence and reason; that latitude applies to any claim, not just a first one. Still, keep records as you go: timesheets or staff allocation records, project documents describing the scientific or technological uncertainties, subcontractor and externally provided worker agreements, and test results. Good records make the next claim faster to prepare and far easier to defend if HMRC opens an enquiry, because the evidence exists from the time the work was done.
Last reviewed September 2026
Sources
- GfC3: Recommended approach to claims and record keeping (part 5) — R&D costs may be an estimated proportion of known expenditure where the estimate is arrived at using evidence and reason
- CIRD80550 — no R&D-specific record-keeping requirement, and the records HMRC expects a claim to be able to produce
- FA 1998 Sch 18 para 21 — the statutory duty to keep the records needed for a correct and complete return, with no format prescribed
Generally two years from the end of the period of account. That means the last standard deadlines for claims under the old SME and RDEC schemes fall in late March 2027, and the deadlines roll shut year end by year end — several have already passed. Two cautions. First, the claim notification requirement can invalidate a backdated claim where the six-month notification window was missed, even though the amendment deadline is open. Second, extended or shortened periods of account complicate the dates, so check yours rather than assuming. Our backdated claims guide shows how to work out your own runway.
Last reviewed September 2026
Sources
- FA 1998 Sch 18 para 83E — the R&D claim time limit of two years from the end of the period of account
- CIRD81800: SME claim time limits — HMRC's guidance on the limits, including the periods still sitting under the old SME and RDEC schemes
- Tell HMRC you want to claim Research and Development (R&D) tax relief — the six-month notification window that can invalidate a backdated claim while the amendment deadline is still open
Compliance and enquiries
Probably — the requirement catches first-time claimants, and anyone who has not claimed within the three years ending with the notification deadline. It bites on accounting periods that begin on or after 1 April 2023. The deadline is the last day of the six months beginning with the day after the period of account ends. A company the rule catches must either notify HMRC or make the claim itself by that date. There is no late route: a claim made afterwards without a notification is invalid even though the return could still be amended. The trap for established claimants is that a pre-April 2023 period claimed by an amendment filed on or after 1 April 2023 does not count as a prior claim. Test your own dates with the deadline checker, or work through examples by year end in the full guide.
Last reviewed September 2026
Sources
- Tell HMRC you want to claim Research and Development (R&D) tax relief — the six-month notification window and the three-year test
- CTA 2009 s1142A — the claim notification period: it opens on the first day of the period of account and ends with the last day of the six months beginning with the day after the period of account ends
- CTA 2009 s1042C — the bar on a claim made after the end of the claim notification period, unless the company notified within it or claimed in the three years ending with its last day
- CIRD183000 — the three-year test measured to the notification deadline, and the pre-April 2023 period claimed by a later amendment that does not count as a prior claim
HMRC rejects the claim. The AIF has been mandatory for claims made on or after 1 August 2023 — in practice 8 August 2023 — and must be submitted before or with the CT600 containing the claim; a claim filed without it is treated as invalid and no relief is processed until a compliant form is in. The AIF requires project descriptions, cost breakdowns, the senior internal R&D contact and every agent involved in the claim. A thin or inaccurate AIF also raises enquiry risk, because it is the first thing HMRC reads. Our AIF guide explains what a well-prepared form contains.
Last reviewed September 2026
Sources
- Submit detailed information before you claim — the form must reach HMRC before or with the CT600, and a claim submitted without it is not accepted
- SI 2023/813: claim notification & AIF regulations — the Additional Information Form regulations and the information the form must carry
Common enough that you should plan for it. In 2023-24, the most recent year HMRC has published, roughly one claim in six drew a compliance check — 17%, up from 10% a year earlier — handled by a team HMRC puts above 500 people. The scrutiny is working, so it is unlikely to ease: HMRC’s July 2026 annual report puts error and fraud at 6.4% for 2023-24 on random-enquiry evidence, down from 17.6% in 2021-22. Being checked is not an accusation; it is a request to evidence what you filed, and how well the claim was built in the first place is usually what settles it. See how likely an HMRC enquiry is. If a check has already arrived, HMRC enquiry defence is the standalone engagement that covers it.
Last reviewed September 2026
Sources
- HMRC's approach to R&D tax reliefs 2023 to 2024 — 9,700 compliance checks against 61,000 claims received in 2023-24, and the compliance team of more than 500 staff
- HMRC annual report and accounts 2025 to 2026 (HC 350) — error and fraud of 6.4% for 2023-24 on random-enquiry evidence, down from 17.6% in 2021-22
Both are possible. HMRC can hold a payable credit back while it checks a claim, and it can come back afterwards: for twelve months from delivery of the return it may open an enquiry as of right, with no new information needed to justify it. Once that window shuts HMRC can still assess by discovery, but only where the loss of tax was brought about carelessly or deliberately, or where its officer could not reasonably have known of the excess from what the return and the claim disclosed — and then up to four years after the period ends, six where the error was careless, twenty where it was deliberate. An overclaim is then recovered as if it were unpaid tax, with late-payment interest on top; a penalty arises only where the error was careless or deliberate, which is what makes reasonable care worth paying for. We prepare on the assumption that a claim will be read critically rather than waved through.
Last reviewed September 2026
Sources
- FA 1998 Sch 18 para 24 — the twelve-month enquiry window, running from the day the return was delivered
- FA 1998 Sch 18 para 46 — the four, six and twenty-year discovery limits, set by whether the loss of tax was brought about carelessly or deliberately
- FA 1998 Sch 18 para 52 — a credit paid where the company was not, or is no longer, entitled to it is assessed and recovered as if it were unpaid tax
Penalties scale with behaviour. Where you can show reasonable care was taken, no penalty arises at all. A careless error can attract a penalty of up to 30%, reducible to nil where you disclose it unprompted. A deliberate error that was concealed can attract a penalty of up to 100% of the amount overclaimed, on top of repaying the relief itself. Cooperation counts: prompt disclosure and constructive engagement with HMRC reduce the percentage. The dependable way to avoid penalties is to be able to show the claim was prepared with care, on evidence, by people who understood the legislation. That record is what a regulated chartered adviser builds into a claim from the start; see how to respond to an HMRC enquiry.
Last reviewed September 2026
Sources
- CH81010: penalties for inaccuracies — a penalty is chargeable only where an inaccuracy is careless or deliberate; with reasonable care, none arises
- CH82470: penalty ranges — careless up to 30% and as low as nil on an unprompted disclosure, deliberate and concealed up to 100%
- Finance Act 2007, Schedule 24 — the behaviour categories, and the potential lost revenue — the amount overclaimed — that the percentages apply to
An enquiry asks you to prove what you filed. Expect HMRC to want a technical account from the competent professional behind each project, workings that build the cost figure up rather than state it, something showing who worked on the R&D and for how long, the contracts sitting behind any subcontracted work, and whatever the project generated while it was running — notes, plans, test results. Material written while the work was happening carries far more weight than anything assembled once the letter arrives, so we gather it during preparation rather than after. On claims we prepare, enquiry support is included as standard, and we also take on enquiries into claims another adviser filed.
Last reviewed September 2026
Sources
- GfC3: Recommended approach to claims and record keeping (part 5) — the records HMRC expects a claim to be able to produce, and how far a compliance check can extend
Sometimes, though less often and less completely than the name suggests. Advance assurance on a full claim is the meaningful version and the most restricted: an SME making its very first claim can have HMRC agree the claim as a whole, covering up to three accounting periods. The 2026 targeted route, open since May, admits SMEs that have claimed before, but only puts up to two defined areas of a claim to HMRC; the separate online qualification checker is not assurance at all and binds nobody. None of it removes the need to get the claim right, because assurance addresses whether the projects qualify — not your cost figures, and not compliance steps such as notifying HMRC first.
Last reviewed September 2026
Sources
- Apply for full claim advance assurance — the first-claim SME conditions, and cover for up to three accounting periods
- Apply for targeted advance assurance — the 2026 pilot: up to two defined areas of a claim, open to SMEs that have claimed for earlier periods
- Check if a project qualifies as R&D — the online qualification checker, which returns a non-binding result rather than assurance
No. HMRC operates a process now, check later approach: most claims are paid when they are filed, and questions come afterwards if they come at all. Payment tells you the claim was processed, not that it was checked or approved, and an enquiry can arrive well after the money has been received and spent; how likely an HMRC enquiry is sets out the current check rate. HMRC says as much itself: its published account of its approach to R&D reliefs records that it opens some compliance checks after payment, which gets money to companies quickly but leaves open the possibility that a claim is later found non-compliant and the payment recovered. If the claim contained errors, relief can be repaid with interest, and in some cases with penalties, years later. If your claims have always been paid without questions and you have never had an independent view of them, our free claim review is a confidential way to find out where you actually stand.
Last reviewed September 2026
Sources
- HMRC's approach to R&D tax reliefs 2023 to 2024 — compliance checks opened after payment, and the recovery of payments on claims later found non-compliant
Yes, if they deal with HMRC for you. The Finance Act 2026 requirement began taking effect in stages on 18 August 2026, and filing an Additional Information Form or an amended return is squarely inside it. Established firms holding an Agent Services Account are registered automatically, without applying. What you cannot do is check: there is no public register, and the only details HMRC publishes are of advisers it has penalised, banned or refused to deal with. Ask the company that will sign your engagement letter, and rely on the checks that produce evidence — the professional bodies’ registers and AML supervision. The full answer covers the dates, the automatic-registration rule and the gaps.
Last reviewed September 2026
Sources
- Finance Act 2026, section 223 — the prohibition on an unregistered adviser interacting with HMRC, drawn widely enough to catch filing a return, claim or notice
- SI 2026/807, the commencement regulations for Part 7 of the Finance Act 2026 — the appointed days beginning 18 August 2026, and the deeming of Agent Services Account holders as registered without applying
- Finance Act 2026, section 246 — the publication power, which reaches penalties and ineligibility orders rather than any register of compliant advisers

Talk it through with a chartered adviser
A first conversation costs nothing and commits you to nothing. You will speak to a qualified adviser, not a salesperson.