In Hadee Engineering Co Ltd v HMRC [2020] TC07969, the First Tier Tribunal (FTT) upheld the appeal in part for closure notices regarding R&D claim enquiries. In the main, the appellant failed to meet the qualifying criteria.

The appellant was an engineering company, founded in 1969 and run by managing director Mr Peter Lowe.

In February 2012, HMRC issued Notices of Enquiry into both periods. Further information and documents in support of the claims were requested, as was further information from MSC. MSC advised HMRC that all relevant working papers and an audit trail were held by the appellant. Over the course of the enquiries, HMRC repeatedly requested information from the appellant, MSC and one of the appellant's customers. Only limited documentation was presented.

The Appellant applied to the FTT for closure notices on the basis that all documentation had been produced. The FTT considered as part of the appeal:

 The FTT found that:

The appeal was upheld in part for the first activity detailed, although the amount of qualifying expenditure could not be established. The appeal was dismissed for all other parts of the claim.

Useful guides on this topic

R&D Tax Relief: Overview
What is R&D Relief? How does it work? Why does the size of the company matter? What is sub-contracted R&D? How do I write an R&D Report?

R&D: SME Tax Credit Scheme
What Research & Development (R&D) schemes are available to companies undertaking R&D? How to make an R&D claim?

R&D: Staff costs, subcontractors & reimbursed expenses
What staff costs qualify for relief? Who are externally provided workers? Can you claim sub-contractor costs? Do reimbursed employee costs qualify?

External links

Hadee Engineering Co Ltd v HMRC [2020] TC07969