S.L. 123.82 · Deductions And Tax Credits (Research (S.L. 123.82)
S.L. 123.82 Art. 30Reversal of tax credit. programme Tax credit 35% 35% 14% 35% an 17.5% 10.5% 10.5% programme not to exceed percentage of incurred Tax credit 35% 35% 14% 35% an 12.25% 10.5% 10.5% A project Type of R&D Industrial A Type of R&D Industrial Tax Allowable Threshold Type of General Specific exceed the of t
If a company avails itself of a tax credit under Part III or Four in respect of expenditure that is subsequently deemed to have never constituted allowable expenditure for the purpose of the said Parts in the circumstances mentioned therein, an amount equal to that credit shall be deemed to be tax due by the company, in addition to any other tax liability, for the year of assessment that immediately follows the year in which those circumstances subsist, and the provisions of the Act shall apply accordingly. SCHEDULE
TABLE A Rule 11(2)(a)
Tax credit in respect of allowable R&D expenditure A project that is not funded, fully or partly, under an EU funding
Item of expenditure Personnel (rule 5(2)(a)) Instruments and equipment (rule 5(2)(b)) Land and premises (rule 5(2)(c)) External consultants and equivalent services (rule 5(2)(d)) External consultants and equivalent services engaged in application for EU funds (rule 5(3)) Additional overheads (rule 5(2)(e)) Other operating expenses (rule 5(2)(f))
TABLE B
Rule 11(3)(a) Threshold of tax credit in respect of allowable R&D expenditure
A project that is not funded, fully or partly, under an EU funding and that is carried out by an SME
Type of R&D project (in terms of the definition of The tax credit "research and development" under rule 3) the following the total expenditure in the project Fundamental research 100% Industrial research 70% Pre-competitive research 45%
TABLE C
Rule 11(2)(b) Tax credit in respect of allowable R&D expenditure
A project that is partly funded under an EU funding programme Item of expenditure Personnel (rule 5(2)(a)) Instruments and equipment (rule 5(2)(b)) Land and premises (rule 5(2)(c)) External consultants and equivalent services (rule 5(2)(d)) External consultants and equivalent services engaged in application for EU funds (rule 5(3)) Additional overheads (rule 5(2)(e)) Other operating expenses (rule 5(2)(f)) TABLE D
Rule 11(3)(b) Threshold of tax credit in respect of allowable R&D expenditure that is not funded, fully or partly, under an EU funding programme and that is carried out by a company that is not an SME
project (in terms of the definition of The tax credit not to exceed "research and development" under rule 3) the following percentage of the total expenditure incurred in the project Fundamental research 100% research 60% Pre-competitive research 35%
TABLE E
Rule 11(4) Threshold of tax credit in respect of allowable R&D expenditure project that is partly funded under an EU funding programme project (in terms of the definition of The tax credit not to exceed "research and development" under rule 3) the following percentage of the total expenditure Fundamental research 100% research 75% Pre-competitive research 50%
TABLE F
Rule 20(2) credit in respect of allowable wages and tuition expenditure
Type of expenditure Tax Credit tuition and wages expenditure 17.5%
TABLE G
Rule 20(3)(a)
of tax credit in respect of allowable wages and tuition expenditure incurred by an SME
R&D relevant academic qualification Value not to exceed the following percentage of the total expenditure academic qualification 80% academic qualification 45% TABLE H
Rule 20(3)(b) Threshold of tax credit in respect of allowable wages and tuition expenditure incurred by a company that is not an SME
Type of R&D relevant academic qualification Value not to following percentage total expenditure General academic qualification 60% Specific academic qualification 35%