Breakfast Briefings - Funding R&D - November 2017

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Funding R&D: Inspiration, perspiration and (how to avoid) exasperation Breakfast Briefings: Autumn/ Winter 2017 7 th November 2017

Transcript of Breakfast Briefings - Funding R&D - November 2017

Funding R&D: Inspiration, perspiration and (how to avoid) exasperation

Breakfast Briefings: Autumn/ Winter 20177th November 2017

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Presentations followed by discussion

Presenter Topic

Daniel Sladen

Director, PKF Francis Clark

How R&D benefits businesses and

maximising that benefit through

remuneration and legal planning for

tax credits

Josie Gough

South Regional Manager, Innovate

UK

Innovate UK: funding business

innovation

Jowanna Conboye

Intellectual Property and IT, Stephens

Scown

Protecting and using your R&D: an

overview of the intellectual property

landscape and how proper protection

can add to your bottom line.

R&D incentives

Daniel Sladen

Contents

• Overview of R&D incentives

• Qualifying activities

• Qualifying expenditure

• Complications

• Other things to think about

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Who it’s for

• Companies carrying out qualifying research and

development

• Not available to sole traders/partnerships – consider

whether incorporation is worthwhile

• SMEs: R&D tax credit

• Large companies: R&D expenditure credit (RDEC)

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What it’s worth

• An extra 130% deduction against corporation tax

• Value approximately 25p in £1 if used to reduce tax

liability

• Or repayable tax credit worth 14.5p in £1

• RDEC: 11p in £1 (but taxable, so about 9p)

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What it’s not

• Based on income or profits

• Related to creating particular class of IP

• Driven by success (failures can be useful)

• Limited to “hi-tech” businesses

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What it is

• “A project…

• …that seeks to achieve an advance in overall knowledge or

capability…

• …in a field of science or technology…

• …through the resolutions of scientific or technological

uncertainty”

• Relief for expenditure on people, software and

consumables

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Uncertain?

• “Scientific or technological uncertainty exists when

knowledge of whether something is scientifically

possible or technologically feasible, or how to achieve

it in practice, isn’t readily available or deductible by a

competent professional working in the field”

• What are the uncertainties?

• How did you try to overcome them?

• Why was the knowledge not “readily deducible”?

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Expenditure in more detail

• Employment costs: costs of staff engaged in R&D

activity including NI, pension contributions, recruitment

costs

• “Directly involved” staff only – no allocation of admin,

back office, support

• Consider employment vs consultancy vs agency

• Consumables: heat, light and water, materials used

(unless subsequently sold)

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How to identify expenditure

• As accurately as possible . . .

• Reasonable, consistent, auditable methodology

• Identify the best allocation key

• Real-time data capture

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Subcontracting out

• R&D is carried out by a subcontractor on your behalf

• Claim limited to 65% of cost to you

• Different treatment for connected parties

• Election to treat as connected

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Subcontracting in

• For R&D carried out as subcontractor, may be able to

claim under RDEC

• Still based on expenditure

• Consider nature of relationship: are you delivering

R&D or carrying out R&D in order to deliver product?

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Grants and subsidies

• In many cases, RDEC claim is still possible

• SME claim could still be available where not all costs

are covered

• Complex area – need to review each case individually

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Owner-managed businesses

• Remuneration strategy could be affected if owners

involved in R&D activity

• Correlate remuneration with periods of more R&D

• Pension contributions become more valuable (subject

to usual caveats)

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Other things to think about

• Timing: two years to claim (if no claim has ever been

made, can effectively do three years at once)

• Advance assurance

• Success fee vs fixed fee

• Could patent box be useful too?

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Contacts

Daniel Sladen - [email protected]

Jackie Oddy - [email protected]

PKF Francis Clark Truro: (01872) 276477

(c) copyright PKF Francis Clark, 2016

You shall not copy, make available, retransmit, reproduce, sell, disseminate, separate, licence, distribute, store electronically, publish, broadcast or otherwise

circulate either within your business or for public or commercial purposes any of (or any part of) these materials and / or any services provided by PKF Francis

Clark in any format whatsoever unless you have obtained prior written consent from PKF Francis Clark to do so and entered into a licence.

To the maximum extent permitted by applicable law PKF Francis Clark excludes all representations, warranties and conditions (including, without limitation,

the conditions implied by law) in respect of these materials and /or any services provided by PKF Francis Clark.

These materials and /or any services provided by PKF Francis Clark are designed solely for the benefit of delegates of PKF Francis Clark.

The content of these materials and / or any services provided by PKF Francis Clark does not constitute advice and whilst PKF Francis Clark endeavours to

ensure that the materials and / or any services provided by PKF Francis Clark are correct, we do not warrant the completeness or accuracy of the materials

and /or any services provided by PKF Francis Clark; nor do we commit to ensuring that these materials and / or any services provided by PKF Francis Clark

are up-to-date or error or omission-free.

Where indicated, these materials are subject to Crown copyright protection. Re-use of any such Crown copyright-protected material is subject to current law

and related regulations on the re-use of Crown copyright extracts in England and Wales.

These materials and / or any services provided by PKF Francis Clark are subject to our terms and conditions of business as amended from time to time, a

copy of which is available on request.

Our liability is limited and to the maximum extent permitted under applicable law PKF Francis Clark will not be liable for any direct, indirect or consequential

loss or damage arising in connection with these materials and / or any services provided by PKF Francis Clark, whether arising in tort, contract, or otherwise,

including, without limitation, any loss of profit, contracts, business, goodwill, data, income or revenue. Please note however, that our liability for fraud, for

death or personal injury caused by our negligence, or for any other liability is not excluded or limited.

PKF Francis Clark is a trading name of Francis Clark LLP. Francis Clark LLP is a limited liability partnership, registered in England and Wales with registered

number OC349116. The registered office is Sigma House, Oak View Close, Edginswell Park, Torquay TQ2 7FF where a list of members is available for

inspection and at www.pkf-francisclark.co.uk. The term ‘Partner’ is used to refer to a member of Francis Clark LLP or to an employee. Registered to carry on

audit work in the UK and Ireland, regulated for a range of investment business activities and licensed to carry out reserved legal activity of non-contentious

probate in England and Wales by the Institute of Chartered Accountants in England and Wales. Partners acting as insolvency practitioners are licensed in the

UK by the Institute of Chartered Accountants in England and Wales. A partner appointed as Administrator or Administrative Receiver acts only as agent of the

insolvent entity and without personal liability. Francis Clark LLP is a member firm of the PKF International Limited network of legally independent firms and

does not accept responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.

Disclaimer & copyright

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Innovate UK:Supporting business-led innovation

Josie GoughSouth West Regional Manager

Activity Discovery & Research Innovation Commercialisation

TRL Description Basic principles

observed and reported

Concept or application formulated

Experimental proof of concept

Concept or process

validated in laboratory

System or component validated in

relevant environment

System model or

demonstrator in relevant

environment

System prototyping

demonstrator in operational environment

Actual System completed

and qualified test & demo operational

environment

Actual system mission

proven in successful

mission operationsSource: NASA Technology Readiness Level model

Academia Business

Funding & Support for Business Led Innovation

Where does Innovate UK funding go?

Data: 2015-16

60% businesses

20% researchers

20% RTOs

82% of collaborative projects involve research base partner

We work with >140 individual research base organisations (inc Institutes and RTOs)

Emerging

and

Enabling

Health

and Life

Sciences

Infrastructure

Systems

Manufacturing

and

Materials

Open

Programme

Closes NovReopens

March 2018

Open now –until

December 2018

Opens Jan 2018 – March

2018

Open now until 10th

January 2018

Open Dec 2018 – Feb

2018

Our competitions schedule includes programmes run with partners – more details on our webpage

Sectors approach to supporting businesses

Sept 2017Next sector competition

July 2017Next sector competition

Now open Shortly to close next one Nov

2017

Now open

Competition characteristics and processCore competitions, Industrial Strategy Challenge Fund, Other organisations funding, Small

Business Research Initiative, Knowledge Transfer Partnerships

• Competition design (inc. streams, in scope out of scope etc.) • Competition launch • Applications invited via new online portal • Usually single stage application • Usually need match funding though academic partners can get 100% • Single organisation applications for less than £100k otherwise

consortia • Deadline passes, assessors score and provide feedback • Average of the five assessors score • Ranked list & Portfolio review – assessment panel• Due diligence & Contracting • Money paid quarterly in arrears

IMPA

CT,

IMPA

CT,

IMPA

CT!

Investing in science, research & innovation

Upgrading infrastructure

Improving procurement

Delivering affordable energy & clean

growth

Driving growth across the whole

country

Developing skills Supporting businesses to start & grow

Encouraging trade & inward investment

Cultivating world-leading sectors

Creating the right local institutions

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Industrial Strategy Challenge Fund• Industry-led and powered by multi-disciplinary

research and business academic collaboration.

• Develop UK industries that are fit for the future,

driving progress in technologies where the UK

can become a world-leader in research and

commercialisation

Industrial Strategy Challenge Fund

Knowledge Transfer Partnership

Knowledge Transfer Partnership

Strategic relevance to the business : IMPACT – Embedding of Innovation Culture

Stimulating and challenging for the academic team : CHALLENGE

Intellectually challenging for the Associate : INNOVATION

Sound business case : HIGH GROWTH POTENTIAL

Clear knowledge transfer: Innovate UK

Clear additionality: we want high level innovation,

and economic impact plus any societal impact.

Benefits likely to accrue: TO ALL PARTNERS

Funding Levels and position of KTP Projects

• >75% of projects are with SMEs (EU Definition)- 50% employ less than 50 people

- 15% are micro companies

• SMEs contribute 33% towards project cost - Company contribution is between £25-30k per annum

• Large companies contribute 50%- Company contribution is between £35-45k per annum

• Majority of KTPs sit in TRL 5-7 range

• Typical project is 24 months in duration (12-36 months possible)

• Highly focussed projects (TRL, Associate role)

Contact details for business facing staff for Innovate UK

• Andy Treen [email protected]

• Layla Burrows [email protected]

Jowanna ConboyeIP & IT Associate

01872 265112

[email protected]

THE FOUR TYPES OF IP

Copyright

Trade Marks

Design Rights

Patents

Moral Rights

Goodwill

Passing Off

Database Rights

Unregistered

Marks

Unregistered

Designs

Trade Secrets

Websites

Get Up

Trade Dress

Service Marks

Business NamesDomain Names

Know-How

Unfair

Competition

Confidential Information

Patents

DESIGNS

Designs, continued

Trade Marks – the ‘badge of origin’

BRAND PROTECTION - TRADE MARKS

Unregistered Registered

TM ®

Automatically occurring Government endorsed monopoly

Difficult and expensive to enforce Certainty and Security

Company Name

Domain Name

Trading Name

COLLABORATION AND THE OPEN IP

SYSTEM?

OWNERSHIP

Who created the work?

Licence v. Assignment

The need for written agreements

WHAT THE FUNDS WILL LOOK FOR

What IP will you be creating

How can you demonstrate that you will own it?

What due diligence has been done to ensure that the IP does not

infringe the rights of third parties?

What steps have been taken to protect the IP?

What contracts are in place with those who have created IP?

Contact Us

Jowanna Conboye

[email protected]

Funding R&D: Inspiration, perspiration and (how to avoid) exasperationBreakfast Briefings: Autumn/ Winter 2017 – Wrap up: Tom Roach, Partner, Francis Clark7th November 2017

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RDI funding and business support in CIOS

Next…

Q&A and/ or discussion

• With opportunity for Q&A for presenters

• Discussion

Future presentations

• “International trade” (5/12/17) – invite in pack

• Finance in Cornwall (18/4/18)

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(c) copyright PKF Francis Clark, 2016

You shall not copy, make available, retransmit, reproduce, sell, disseminate, separate, licence, distribute, store electronically, publish, broadcast or otherwise

circulate either within your business or for public or commercial purposes any of (or any part of) these materials and / or any services provided by PKF Francis

Clark in any format whatsoever unless you have obtained prior written consent from PKF Francis Clark to do so and entered into a licence.

To the maximum extent permitted by applicable law PKF Francis Clark excludes all representations, warranties and conditions (including, without limitation,

the conditions implied by law) in respect of these materials and /or any services provided by PKF Francis Clark.

These materials and /or any services provided by PKF Francis Clark are designed solely for the benefit of delegates of PKF Francis Clark.

The content of these materials and / or any services provided by PKF Francis Clark does not constitute advice and whilst PKF Francis Clark endeavours to

ensure that the materials and / or any services provided by PKF Francis Clark are correct, we do not warrant the completeness or accuracy of the materials

and /or any services provided by PKF Francis Clark; nor do we commit to ensuring that these materials and / or any services provided by PKF Francis Clark

are up-to-date or error or omission-free.

Where indicated, these materials are subject to Crown copyright protection. Re-use of any such Crown copyright-protected material is subject to current law

and related regulations on the re-use of Crown copyright extracts in England and Wales.

These materials and / or any services provided by PKF Francis Clark are subject to our terms and conditions of business as amended from time to time, a

copy of which is available on request.

Our liability is limited and to the maximum extent permitted under applicable law PKF Francis Clark will not be liable for any direct, indirect or consequential

loss or damage arising in connection with these materials and / or any services provided by PKF Francis Clark, whether arising in tort, contract, or otherwise,

including, without limitation, any loss of profit, contracts, business, goodwill, data, income or revenue. Please note however, that our liability for fraud, for

death or personal injury caused by our negligence, or for any other liability is not excluded or limited.

PKF Francis Clark is a trading name of Francis Clark LLP. Francis Clark LLP is a limited liability partnership, registered in England and Wales with registered

number OC349116. The registered office is Sigma House, Oak View Close, Edginswell Park, Torquay TQ2 7FF where a list of members is available for

inspection and at www.pkf-francisclark.co.uk. The term ‘Partner’ is used to refer to a member of Francis Clark LLP or to an employee. Registered to carry on

audit work in the UK and Ireland, regulated for a range of investment business activities and licensed to carry out reserved legal activity of non-contentious

probate in England and Wales by the Institute of Chartered Accountants in England and Wales. Partners acting as insolvency practitioners are licensed in the

UK by the Institute of Chartered Accountants in England and Wales. A partner appointed as Administrator or Administrative Receiver acts only as agent of the

insolvent entity and without personal liability. Francis Clark LLP is a member firm of the PKF International Limited network of legally independent firms and

does not accept responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.

Disclaimer & copyright

pkf-francisclark.co.uk

Agritech Cornwall

Elizabeth GilbertAgritech Business Engagement Manager

Cornwall Development [email protected]

[email protected]: 01872 322672M: 07483134989

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AeroSpace Cornwall

Natasha Downing

AeroSpace Project Administrator

Cornwall Development Company

[email protected]

T: 01209 615567

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Marine I

Doreen Gibbons

Marine I Challenge Fund Administrator

Cornwall Development Company

[email protected]

T: 01209 615091

A T I Innovation FundJohn Hutchings Innovation Fund Manager – Acceleration through InnovationUniversity Of PlymouthPool Innovation Centre, Trevenson Road, Pool, Redruth, Cornwall TR15 3PL M: 07860 756862 | E: [email protected]