The payment of an R&D expenditure credit in accordance with step 6 at ¶714-625 CTA 2009, s. 104S is restricted in the circumstances below.

(1)The company is not a going concern. The company is not entitled to be paid the credit, and it is extinguished, where the company was not a going concern throughout the period beginning on the day that it claimed the credit and ending on the last day on which HMRC could have enquired into its corporation tax return for the period to which the credit relates (CTA 2009, s. 104S(2) and (3); see ¶185-740 for commentary on the enquiry period for company tax returns).

A company is a going concern at a particular time if:

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