Situation
Loss-making companies can still get cash from R&D.
Two routes: the merged scheme and, for loss-making R&D-intensive SMEs, ERIS. The better one depends on your numbers, and the PAYE cap can limit both. We model each and sign off the claim with a Chartered Tax Adviser. We reply the same working day.
The two routes
Merged scheme and ERIS side by side.
| Merged scheme | ERIS | |
|---|---|---|
| Who | Any eligible company | Loss-making, R&D-intensive SMEs (relevant R&D at least 30% of total relevant spend) |
| Rate | 20% credit, taxable | 86% extra deduction (186% total), 14.5% payable credit on the surrendered loss |
| Net for a loss-maker | About 16.2% of qualifying costs | Up to about £26.97 per £100 |
| Taxable? | Yes | No, for the payable credit |
The net figures are our arithmetic from HMRC's published rates. A company that qualifies for ERIS may still choose the merged scheme, but not both for the same costs. See the R&D benefit calculator and the ERIS intensity checker.
What can limit the cash
Three things.
- The PAYE cap: £20,000 plus 300% of relevant PAYE and NIC, unless the IP exemption applies.
- Other HMRC debts, which the credit may be used against first.
- Overseas work: for periods beginning on or after 1 April 2024, contracted-out and agency worker costs qualify only if the work is done in the UK or is qualifying overseas expenditure.
Real example
A pre-revenue start-up.
A London marine robotics and AI start-up, incorporated in November 2022, made its first claim as an R&D-intensive SME, with grant funding correctly taken into account.
FAQs
Frequently asked questions
Can a loss-making company receive cash from R&D relief?
Yes. For periods beginning on or after 1 April 2024, a loss-making company can receive a payment under either scheme. Under the merged scheme, the credit is set against Corporation Tax and other liabilities in a set order, and any balance is paid. Under ERIS, a payable credit is paid on the surrendered loss. The PAYE cap can limit the amount.
ERIS or the merged scheme: which pays a loss-maker more?
It depends on the numbers, and the choice is yours if you are eligible. The merged scheme gives a taxable 20% credit, about 16.2% net for a loss-making company. ERIS gives an 86% extra deduction and a 14.5% payable credit, which can reach about £26.97 per £100 of costs, but needs the 30% intensity test. We model both.
What does surrendering a loss mean?
Under ERIS, instead of carrying the loss forward, the company exchanges part of it for a cash credit. The amount surrendered is the lower of 186% of qualifying costs and the trading loss, and the payable credit is 14.5% of that amount. It is a choice made in the claim, so it is worth modelling before filing.
Does surrendering the loss cost us anything later?
A surrendered loss is used up, so it is no longer available to set against future profits. That is the trade: cash now against tax saved later. For a company that expects to be loss-making for years, cash now is often worth more. For one about to turn profitable, the answer may differ. We model both.
How does the PAYE cap affect a start-up?
The cap limits the credit that can be paid to £20,000 plus 300% of the company's relevant PAYE and National Insurance liabilities for the period. A start-up with a small payroll and large outside costs can hit it. There is an exemption for companies creating or managing their own IP, if connected-party costs are no more than 15% of qualifying spend.
What if we move into profit next year?
Then the position changes, and so does the best scheme. A profitable company usually uses the merged scheme, where the credit offsets Corporation Tax. Under the merged scheme, any credit blocked by the PAYE cap carries forward. We look at the likely path for the next few periods, not only the claim in front of us.
Is it the accounts loss or the tax loss that counts?
For ERIS, loss-making means a trading loss before the additional deduction, which is a tax computation concept, not simply what the accounts show. A company can report a loss in its accounts and still have a different tax position. We work from the tax computations and confirm the figure with your accountants.
Can a company with no turnover meet the 30% intensity test?
Often, yes. The test compares relevant R&D expenditure with total relevant expenditure, and a pre-revenue company that spends mostly on R&D may pass. Connected companies' expenditure counts, and payments to them are excluded from the total. Our intensity checker gives a first view, and our marine robotics case study shows a pre-revenue example.
How fast is a cash credit paid?
HMRC reported that 92% of claims were processed within 40 days in 2023-24, but that is a general figure, not a promise, and a claim that is queried takes longer. Payment can also be affected by other debts owed to HMRC. We tell you what to expect for your claim and plan the cash flow accordingly.
Can the credit be used to pay other HMRC debts?
Yes. Under the merged scheme, the order of use includes other amounts the company owes HMRC before any balance is paid. If you have unpaid PAYE, VAT or other liabilities, some of the credit may go towards them. We check the position in advance, so you know what to expect.
Does being part of a group change loss-making status?
Loss-making status is looked at for the company, but the intensity test brings in connected companies' expenditure, and group surrender rules apply to the merged scheme. A group can therefore get different results than the company alone. Our page on groups and connected companies explains the main points, and we look at the group as a whole.
Is the cash credit taxable?
Under the merged scheme, yes: the credit is a taxable receipt, and the notional tax at 19% for a loss-maker is why the net is about 16.2%. Under ERIS, the payable credit is not taxable. That difference is one reason the comparison matters, and why we show both side by side.
What if we are close to the 30% line?
Then the detail matters. We check exactly what counts as relevant R&D expenditure and total relevant expenditure, including connected companies. There is also a grace period: the condition is met if it was met in the last 12-month period and a valid SME or ERIS claim was made on expenditure from 1 April 2023. The intensity checker shows the gap.
What do we need to show to claim a cash credit?
The same as any claim: the projects, the costs and the evidence, plus the figures for intensity if you use ERIS and the PAYE and National Insurance figures for the cap. The additional information form asks for the intensity details and the cost breakdown. We assemble them with your accountants.
Can we estimate the cash before committing to a claim?
Yes. Our R&D benefit calculator gives a first estimate under both schemes from your costs, losses and PAYE figures. It is simplified, so it leaves out groups and other HMRC debts, and it is not a promise of any amount. A call with us turns the estimate into a proper view of your own position.
Related advice
You may also need
R&D claims
We prepare R&D tax claims from scoping call to filing, with Chartered Tax Adviser sign-off. We tell you what does not qualify. Quote on request.
Read moreBook a call
Tell us about your R&D, any HMRC letter or your client in two minutes, then book a confidential call. No obligation. We reply the same working day.
Read more
Loss-making and spending on R&D?
Book a call and we will model both schemes for you. We reply the same working day.
Or write to taxadvisory@aswatax.co.uk
