The Research and Development (Prescribed Activities) Regulations 2023

Section 1006 of the Income Tax Act 2007 (c. 3) (“ITA 07”) makes provision as to the meaning of “research and development” for the purposes of provision in the Income Tax Acts. Section 1006(3) ITA 07 provides that the Treasury may prescribe by regulations activities which are, or are not, to be treated as “research and development” for the purposes of that section. Section 1006(4)(a) ITA 07 provides that regulations made under subsection (3) of that section may make provision by reference to guidelines issued by the Secretary of State. Section 1138 of the Corporation Tax Act 2010 (c. 4) provides that Regulations made under section 1006 ITA shall also apply for the purposes of determining whether an activity is, or is not, to be treated as “research and development” for the purposes of the Corporation Tax Acts.