The evidence problem in R&D tax relief

Why software claims are hard to evidence, what HMRC's growing scrutiny and use of data really means, and why advisers have learned to distrust AI. Summarised from published sources, linked throughout. Last reviewed 12 October 2026.

Where the time goes

A software R&D claim depends on answering a few questions well: what the team knew at the start, what they couldn't work out, what they tried, and why a competent professional couldn't simply have solved it. The facts usually exist. The problem is getting at them.

HMRC's scrutiny in numbers

The cost lands on genuine claimants too. The Chartered Institute of Taxation has warned that valid claims are being rejected and that some claimants give up because challenging HMRC costs too much. BDO has noted that HMRC's error estimates may overstate the problem, because claims abandoned for lack of resources to defend them are counted as error.

HMRC and AI: what's known

The Quantexa contract

In May 2026 HMRC awarded Quantexa, a London-based data and AI company, a £175 million, ten-year contract to modernise its core data, giving it a more connected view of information held across separate systems, to identify tax at risk and tighten control. The contract runs to March 2034, with an option to extend.

It is a data-foundation programme across HMRC, not an R&D claims product. Quantexa's chief executive said automated decisions about taxpayers will still be checked by people, and that decisions must be transparent, auditable and explainable. Some R&D specialists read it as a clear signal that data-driven risk profiling will reach every kind of filing, R&D included.

The Elsbury case and HMRC's answer

R&D tax specialist Thomas Elsbury asked HMRC under Freedom of Information whether its R&D compliance team used generative AI, after noticing American spellings, odd formatting and generic reasoning in rejection letters. HMRC refused to confirm or deny. In August 2025 the First-tier Tribunal ordered HMRC to answer, finding that secrecy was undermining trust and could deter legitimate claims (Elsbury v Information Commissioner [2025] UKFTT 915 (GRC)).

HMRC's response said generative AI was not used by the R&D Tax Credits Compliance Team before December 2023 and was not approved for writing taxpayer letters. Advisers pointed out the answer was silent on informal use by individual caseworkers. The Financial Times later reported, citing sources, that some staff had been disciplined for using AI in correspondence. HMRC has said staff found misusing AI face disciplinary action.

The practical point for advisers: whatever tools HMRC uses, its letters may be formulaic, and its reviewers are increasingly data-led. A claim needs evidence that holds up to a specific question, not a narrative that only reads well.

Why advisers are wary of AI

The fear isn't AI as such. It's AI that produces confident text the adviser can't verify, and then puts the adviser's name to it.

What tribunals keep saying

R&D enquiries and appeals turn on evidence from the time. In RDM Wines v HMRC, reported in October 2026, the tribunal found that the company's documents didn't support the timeline or extent of testing it described, and gave little weight to the after-the-fact account. Commentators drew the same lesson: a well-written report can explain a claim, but it can't replace records showing what was actually happening, and those records often already exist in project-management tools, specifications, test results and issue logs.

What this means for a claim

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Sources

  1. HMRC: HMRC's approach to Research and Development tax reliefs
  2. GOV.UK: Corporation Tax R&D relief, including the AIF and claim notification
  3. HMRC: Guidelines for Compliance GfC3, expectations of claimants
  4. Azets: HMRC Annual Report 2025–26, R&D scrutiny
  5. Cooper Parry: HMRC Annual Report 2024–25 and R&D
  6. Tax Adviser: Negotiating R&D relief, practical pointers
  7. Tax Journal: CIOT warns crackdown is deterring genuine claims
  8. BDO: Is HMRC's progress on R&D error and fraud a success?
  9. Bloomberg Tax: HMRC gives Quantexa £175m contract
  10. UKTN: Quantexa wins £175m contract with HMRC
  11. HMRC announces 10-year contract with Quantexa (report including CEO comments)
  12. National Archives: Elsbury v Information Commissioner [2025] UKFTT 915 (GRC)
  13. AccountingWEB: HMRC's response on AI use in R&D compliance
  14. Scottish Financial News, reporting the Financial Times, on unauthorised AI use
  15. ICAS: AI at the tax tribunal (Harber, Zzaman, Elden)
  16. CMS: Elden v HMRC, "professionally incompetent" use of AI
  17. ICAEW: PCRT bodies publish guidance on using AI in tax
  18. Tax Adviser: The ethics of AI, new PCRT guidance
  19. AccountingWEB: Managing AI tax risks, including HMRC's January 2026 software guidance
  20. Blick Rothenberg: AI in R&D claims must have human oversight
  21. Azets: HMRC required to disclose whether AI was used in assessing R&D claims
  22. Haysmac: RDM Wines v HMRC, contemporaneous evidence

This page summarises public reporting and guidance for context. It is not legal or tax advice, and some sources are firms with a commercial interest in R&D advice. Where we report claims made by others, such as the Financial Times report, we say so. If anything here is out of date or wrong, tell us at support@claimevidence.co.uk and we'll correct it.