HMRC is increasingly scrutinising R&D tax credit claims, with around 20% now subject to enquiries. Errors or carelessness can lead to penalties of up to 100% of the tax loss, while well-prepared claims with supporting documentation reduce risk and demonstrate due diligence.
In this article
- How HMRC assesses whether a R&D claim is incorrect
- What does it mean to go into enquiry?
- How to avoid HMRC enquiry of your R&D claim?
- Dealing with increased HMRC scrutiny
- How we can help
How HMRC assesses whether a R&D claim is incorrect
If an error is identified in your R&D tax credit claim, it’s possible you may be issued a compliance check, known as an enquiry. HMRC introduced this penalty system to make sure that all tax returns are prepared thoroughly and with responsible consideration.
HMRC typically uses a risk-based approach to decide which claims to investigate, although some enquiries are opened randomly. It’s crucial to note that HMRC can initiate an enquiry up to a year after your claim is submitted, even after you have received the credit. The payment does not guarantee that your claim is safe from review, and HMRC can still demand the money back if the claim is found to be invalid.
What does it mean to go into enquiry?
If HMRC’s enquiry finds that you’ve completed your claim incorrectly deliberately, or shows you didn’t handle your claim with care, you could be fined up to 100% of the tax loss to the exchequer. If HMRC identifies a genuine mistake and can see that your company took reasonable care when compiling a R&D claim, they can charge a penalty of ‘nil’.
If you’re quick to respond and rectify any problems that HMRC has identified, and supply any extra information they need, HMRC can choose to reduce your fine. Setting up a meeting with HMRC will show you’re keen to rectify these issues and they’re more likely to do so. They will also postpone the penalty while you carry out investigations or correct any errors in your claim.
How to avoid HMRC enquiry of your R&D claim?
A thorough and well-prepared claim helps reduce the risk of an enquiry and ensures that all the relevant factors are considered. It is important to provide thorough supporting documentation and records with a strong case that the projects underwent significant R&D. This demonstrates to HMRC that you have a sound process and you are diligent in completing your R&D claims.
Dealing with increased HMRC scrutiny
HMRC is now scrutinising a much larger proportion of R&D claims. The enquiry rate has seen a significant rise in activity, with HMRC currently opening an enquiry into about 20% of claims, compared to a historical figure of just 1%. This means there is a far higher likelihood that your claim will be examined in detail and all the more important to be diligent in your record-keeping and claim submission process.
Expertise
How we can help
We guide companies to prepare robust, compliant R&D claims, minimising the risk of HMRC enquiry. From reviewing documentation to ensuring all eligible projects are clearly evidenced, we help you demonstrate due care, respond promptly to enquiries, and reduce the likelihood or severity of penalties.
Rely on expert support to navigate your HMRC enquiry, protect your claim, and ensure compliance.
Recover valuable cash by claiming tax relief on eligible innovation and development activities.
Track R&D costs as they occur for accurate, transparent reporting and optimised claims.
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