Corporation Tax Act 2009 section 1094

Relief only available to SME where company is going concern

Section 1094 establishes that certain R&D tax reliefs available to small and medium-sized enterprises (SMEs) can only be claimed if the company is a going concern at the time of the claim.

• SME R&D relief under sections 1087 and 1092 is conditional on the company being a going concern
• The company must be a going concern at the time it makes its claim for the relief
• If a company is not a going concern — for example, if it is in administration, liquidation, or otherwise ceasing to trade — it cannot access these particular SME reliefs
• This restriction applies specifically to SME scheme relief and does not affect claims under the large company R&D expenditure credit regime