Change description : 2025-03-20 15:06:00: The ‘How much you can claim under ERIS’ section has been updated and 2 new sections added on ‘Calculation to work out the additional benefit’ and ‘To work out the 3-year limit’. [Guidance and regulation]
Research and Development (R&D) Tax Relief: Enhanced R&D intensive support for loss-making SMEs based in Northern Ireland
Find out if you can claim Enhanced R&D intensive support (ERIS)(NI ERIS) as a loss-making, small and medium enterprise (SME) based in Northern Ireland.
The Autumn Finance Bill 2024 makes provision for loss-making, R&D intensive, SMEs that have a registered office in Northern Ireland. These provisions take effect for claims made on or after 30 October 2024. Once the Finance Bill receives Royal assent the rules will be backdated to 30 October for claims made on or after that dayday. —In companiesthis whoguidance wishwe towill submitrefer anto ERISthe claimdraft betweenlegislation 30which Octoberis andexpected Royalto assentbe toenacted thein Finance BillAct should2025 contactand HMRCpublished forlater advice.this year.
You can choose to opt out of these provisions if you’re a SME with a registered office in Northern Ireland and your business activities involve no trade in goods, and no relevant activities in relation to the electricityelectricity. market.You can tell HMRC you want to opt out when you provide additional information to support your R&D claim.
If your company is affected by the provisions, you are not subject to the restrictions on relief for payments to overseas contractors or to providers of externally provided workers. You will be able to claim ERIS, subject to a rolling3-year limit. Above this limit, R&D Expenditure Credit (RDEC) relief is available (to companies that meet the eligibility conditions) under the new merged scheme.
You should read this guidance if:
you are ana SME claiming ERIS
your registered office is in Northern Ireland
you have either:
a trade in goods, or a trade which involves relevant activities in relation to the electricitymarket
no trade in goods, and your trade does not involve relevant activities in relation to the electricityelectricity, market,but you have not decided to opt out by notifying HMRC
Relevant activities are the generation, transmission, distribution, supply, wholesale trade and cross-border exchange of electricity.
Who can opt out
You can opt out of the Northern Ireland ERIS provisions if your business activities involve:
no element of trade in goods
no relevant activities in relation to the electricity market
If you do this, the overseas restrictions will apply, but the limit on the amount of relief you can get in a rolling3-year period will not apply.
Overseas restrictions
For affected companies, if you’re claiming under ERIS, the restrictions on relief for overseas spend on contracted out R&D and externally provided workers (included at s1138A Corporation Tax Act (CTA) 2009) do not apply.
The restrictions, which limit claims for this expenditure, with some exceptions, will apply for any residual amounts for which RDEC is claimed under the merged scheme.
What a trade in goods is
You have a trade in goods if any of your business activities involves any element of trading in goods.
If you are not sure, you should proceed on the basis that you are trading in goods.
Relevant activities in relation to the electricity market
Relevant activities are the production, transmission, distribution, supply, wholesale trading and cross-border exchange of electricity.
How much you can claim under ERIS
TheERIS rollingrelief is de minimis state aid. There is a limit to the amount of de minimis state aid that a business can receive within a given period. The 3-year limit applies to the total additional relief received by the company under the ERIS scheme, plus any other de minimis aid received by companies in the group.
This amount must not exceed €300,000 (for most businesses).
There are lower limits for certain businesses, for example those whose main activity is in the agriculture or fisheries sectors. You can contact HMRC for advice, email randd.policy@hmrc.gov.uk for.
De minimis state aid means support provided under any of a number of EU regulations. The regulations are amended or replaced from time to time; at the time of publication of this guidance (30(19 OctoberMarch 2024),2025), the following EU regulations are applicable:
Commission Regulation (EU) No 2832/2023 (de minimis aid granted to undertakings providing services of general economic interest) — on the European Union website
The additional reliefbenefit amount for an ERIS claim is the amount that the benefit of the claim under ERIS exceeds the benefit of an equivalent claim for R&D expenditure credit (RDEC) under the merged scheme.
To
Calculation to work out the additional reliefbenefit
Follow you’llthese needsteps to:to calculate the additional benefit.
the amount by which the liability of the company to pay corporation tax in any future accounting period is reduced by any losses carried forward from the current period which arose from the ERIS claim claim
To work out the 3-year limit
You should douse thisthe calculation show in the section, ‘calculation to work out the additional benefit’ for ERIS claims claims made in any previous accounting period of the company that began on or after 1 April 2024, and ended within the period of 3 years ending with the finalday ofon which the accountingclaim periodis inquestion.made.
To this this amount, you should then add the value of all other de minimis aid received in the same accounting periods by any company in the group,group. forFor exampleexample, the amount of any grant which counts as de minimis aid. You should then do this for all the amounts received in the 3 years ending with the day on which the claim is made.
If you are unsure whether or not an amount received is de minimis aid, you should ask the person or authority which provided the amount.
This should include any ERIS benefits received by any other group company, for example if another company also claims ERIS itself.
The resulting figure (all benefits, less RDEC) should not exceed the limit for the company (read the section “How‘How much you can claim under ERIS”).’).
Claims for ERIS that go over this limit are not allowed. HMRC has the power to address inaccuracies in tax returns. If you submit an inaccurate claim, you may become liable for tax-geared penalties. If the limit for state aid is exceeded, the full amount that falls under the de minimis state aid will be withdrawn.
Relief you can get for expenditure that that you cannot claim for under ERIS
If there is any expenditure you cannot claim ERIS for, because it would take you over the limit, you may be able to claim RDEC for that expenditure under the new merged scheme, provided you satisfymeet itsthe rules.
ReadYou can find out more informationabout about enhanced R&D intensive support in:
Published 18 March 2024
Last updated 1920 FebruaryMarch 2025
+ show all updates
19 February 2025
Added translation
30 October 2024
We have updated the guidance in line with the Autumn Finance Bill 2024 which makes provision for loss-making, R&D intensive, SMEs that have a registered office in Northern Ireland. These provisions take effect for claims made on or after 30 October 2024.
10 May 2024
Added Welsh translation. The paragraph cited from The Research and Development (R&D) Relief (Chapter 2 Relief) Regulations 2024 has been corrected to paragraph (3)(b) of regulation 2.