R&D Tax Credits and Deductions | Bloomberg Tax (2024)

The research and development (R&D) tax credit is one of the most significant domestic tax credits remaining under current tax law. Savvy corporate tax teams can use this important tool to implement federal tax planning strategies that maximize their company’s value.

However, the tax issues around R&D investment and acquisitions are not trivial. They are complex, and like many other aspects of corporate tax planning, require forethought and analysis to guide the business in making the right tax-optimized decisions.

What are R&D tax credits and deductions?

Congress created two important incentives for a business to invest in research activities in the United States:

  1. The ability to elect to deduct such expenditures currently (I.R.C. §174)
  2. The permanent ability to claim a credit for increasing research expenditures (I.R.C. §41)

Eligible research costs include those paid or incurred for research conducted by the taxpayer as well as research conducted on the taxpayer’s behalf.

Current deduction or five-year amortization of R&D costs

In 1954, Congress enacted I.R.C. §174, allowing taxpayers, for expenditures incurred after Dec. 31, 1953, to either:

  • Currently deduct research or experimental expenditures paid or incurred “in connection with” a present or future trade or business
  • Elect to amortize R&D costs over a period of not less than five years

The purpose of I.R.C. §174 was to encourage taxpayers to carry on research and experimental expenditures by eliminating the uncertainty concerning the tax treatment of these expenditures. Research and experimentation are basic activities that must precede the development and application to production of new techniques and equipment, as well as the development and manufacture of new products.

Permanent tax credit for increased R&D spending

In 1981, concerned that spending for these activities was not adequate and was in fact declining, Congress enacted a nonrefundable income tax credit for incremental research and experimental expenditures to overcome the reluctance of companies to bear the significant staffing and supply costs to conduct research programs in a trade or business. The credit is incremental in nature to encourage enlarged research efforts by companies that already may be engaged in some research activities. I.R.C. §41 was made a permanent provision of the Internal Revenue Code as part of the Protecting Americans from Tax Hikes Act of 2015 (PATH Act).

R&D Tax Credits and Deductions | Bloomberg Tax (2024)

FAQs

Can you take R&D credit and deduction? ›

The R&D credit reduces federal taxable income, meaning that businesses receive a dollar-for-dollar tax credit and still get to deduct expenses related to research and development.

Which tax may be reduced by the R&D tax credit? ›

State Tax Liability.

Assuming the firm has eligible R&D expenses that exceed the determined base amount, as shown in the example, the firm's state tax liability would be reduced to zero.

How do deductions and credits affect taxes? ›

Credits can reduce the amount of tax due. Deductions can reduce the amount of taxable income.

How much tax can R&D credit offset? ›

The Inflation Reduction Act increased the maximum amount that a qualified small business (QSB) can use from the Sec. 41 research credit (R&D credit) to offset certain payroll tax liabilities from $250,000 to $500,000 for tax years beginning after Dec. 31, 2022.

Can you claim R&D and capital allowances? ›

Therefore, your R&D tax credits covers the operational costs such as staff costs, subcontractors, and consumables, whereas your RDA claim will cover the capital expenditure on assets. Therefore, you cannot claim both RDAs and tax credits on the same expenditure.

Is R&D tax offset taxable income? ›

Recoupments (including grants) you receive for R&D expenditure that you claim the R&D tax incentive for must be included in your total assessable income unless they are specifically exempt.

How are R&D tax credits treated? ›

In other words, your R&D tax credit is not taxable income. It is a below-the-line benefit and will be shown in your income statement (also known as your profit-and-loss account) either as a Corporation Tax reduction or a credit. Eligible costs are essentially written off as expenses so you get a lot of this money back.

What are the new rules for R&D credit? ›

The TCJA stated that starting from the 2022 tax year, companies that deduct R&D expenses would have to be capitalized and amortized over 5 years in the US, whereas previously, they could deduct 100% in the year in which they were incurred.

What expenses qualify for R&D tax credit? ›

Certain costs incurred during the development or improvement of products, processes, techniques, formulas, inventions or software that meet specific IRS requirements are considered qualified research expenses1. Examples include employee wages, contract research expenses and supply costs.

Do tax credits save you more than tax deductions? ›

Tax Credit vs. Tax Deduction: Which One Is Better? Tax credits are generally considered to be better than tax deductions because they directly reduce the amount of tax you owe. The effect of a tax deduction on your tax liability depends on your marginal tax bracket.

Should you claim credits or deductions? ›

Key takeaways. A tax credit directly reduces how much you owe in taxes. A tax deduction, on the other hand, reduces your taxable income. Tax credits can provide more tax relief than tax deductions in the same amount.

Do tax credits reduce taxes? ›

What is a tax credit? Tax credits reduce the amount of income tax you owe to the federal and state governments. Credits are generally designed to encourage or reward certain types of behavior that are considered beneficial to the economy, the environment, or to further any other purpose the government deems important.

What is the 25 25 rule for R&D credit? ›

A steadfast rule, known as the "25/25 limitation," dictates that taxpayers with regular tax liabilities exceeding $25,000 cannot offset more than 75% of their tax liability using the credit. This rule, defined in Section 38(c)(1), ensures a balanced approach to credit utilization.

What happens to unused R&D credits? ›

Unused R&D tax credits may still be available to eligible businesses if they file amended tax returns for the years in which they failed to claim the credit. Businesses can then carry forward the unused credits for up to 20 years after first carrying them back for one year.

How to calculate R&D tax offset? ›

Calculating the offset
  1. Multiply your total expenses by 2% to obtain the amount that your notional deduction is claimed at the lower premium.
  2. Multiply the amount of your notional deductions up to the amount obtained in Step 1 by your corporate tax rate plus a premium of 8.5%.
Nov 21, 2022

What is the substantially all rule for the R&D tax credit? ›

Under the “process of experimentation” test, the “substantially all” requirement is met “only if 80 percent or more of a taxpayer's research activities measured on a cost or other consistently applied reasonable basis . . . constitute elements of a process of experimentation.” Treas. Reg. § 1.41-4(a)(6).

What is the 25% limitation for R&D credit? ›

Are there additional limitations? Yes, under the TCJA, the "25/25 limitation" restricts C-corporations with over $25,000 in regular tax liability from offsetting more than 75% of their tax liability using the R&D tax credit.

What does not qualify for the R&D credit? ›

Qualified supplies

This includes materials used to fabricate and test prototypes, or materials used during product or process design or testing. Expenditures for supplies that are indirectly related to R&D, including general and administrative costs, don't qualify for the R&D tax credit.

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