delete The Research and Development (Prescribed Activities) Regulations 2023
The Research and Development (Prescribed Activities) Regulations 2023 define which activities qualify as 'research and development' for R&D tax credit purposes, by reference to Guidelines issued by the Secretary of State for Business and Trade. They apply to corporation tax (from accounting periods after March 2023) and income tax/capital gains tax (from tax year 2023-24), and revoke the 2004 Regulations.
These regulations represent state intervention in the economy through corporate tax relief — the state deciding which activities merit preferential treatment. As a retained EU law never subject to democratic scrutiny by Parliament post-Brexit, they suffer from both the original flaw of central planning and a democratic deficit. The compliance burden, incentive distortions (companies structuring R&D to fit the definition rather than optimal commercial outcomes), and administrative costs of defining 'qualifying R&D' all represent unseen harms. Removing this would restore Parliament's authority over corporate tax policy and eliminate a distortion to market signals.