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Impact of the OBBBA on R&D Tax Strategies

Innovation and development are the cornerstones of competitive advantage across many industries, and Research and Experimental (R&E) expenditures play a pivotal role in this process. Historically, the tax treatment of R&E expenses has been designed to spur innovation by allowing immediate deduction, which reduces a company's taxable income and thus encourages further investment in research activities.

The recently enacted One Big Beautiful Bill Act (OBBBA), effective July 4, 2025, reinstates the ability for businesses to immediately deduct domestic R&E expenditures—a critical reversal from the 2017 Tax Cuts and Jobs Act (TCJA) that had imposed more stringent amortization requirements. The OBBBA operates under the new Internal Revenue Code (IRC) Section 174A, reinforcing incentives for domestic innovation while retaining capital requirements for foreign R&E activities.

Defining R&E Expenditures In the realm of research and development, R&E expenses cover a broad spectrum of costs associated with product improvement, including software. These expenses typically encompass:

  • Employee wages associated with research activities.

  • Materials and supplies consumed during the research process.

  • Fees for third-party research services.

  • Overhead costs related to facilities and tools utilized in R&E, such as rent, utilities, and maintenance.

The IRS defines these costs expansively to support a wide array of innovative endeavours, providing further insight into the critical nature of such expenditures for businesses.

R&E Tax Evolution Previously, under Section 174, businesses could choose to either expense R&E costs immediately or amortize them over 60 months, offering notable cash flow advantages. However, after 2021, the TCJA mandated the capitalization and amortization of these expenditures over five years for domestic and fifteen years for foreign activities, significantly impacting startups with substantial pre-revenue R&D investments. Image 3

OBBBA's New Horizon The introduction of Section 174A by the OBBBA marks a significant shift for domestic R&E, effective for tax years beginning after December 31, 2024. It highlights:

  • Domestic R&E Deduction: Businesses can resume immediate deduction of 100% of domestic R&E costs paid or incurred. This reinstatement offers a vital incentive for research conducted within the U.S., aiding companies in leveraging full tax benefits immediately. Alternatively, businesses can choose to amortize over 60 months.

  • Foreign R&E Conditions: The 15-year amortization for foreign R&E remains unchanged, requiring multinational businesses to reassess research strategies to optimize tax implications.

The Act’s stipulations are expected to propel strategic shifts in research activities, especially for multinationals seeking tax efficiencies.

Accelerating Amortized Expenses Under the OBBBA, transitional relief is offered for amortized R&E costs from 2022-2024, letting businesses accelerate deductions from 2025:

  • Option 1: Full Expensing in 2025: Deduct all unamortized domestic R&E costs in the 2025 tax year.

  • Option 2: Two-Year Spread: Deduct 50% in 2025 and 50% in 2026.

  • Option 3: Continuation: Maintain the original five-year amortization schedule.

  • Retroactive Amendment for Small Businesses: Small businesses, namely those with average gross receipts of $31 million or less, can amend prior returns to apply full expensing back to 2021, potentially obtaining refunds under this election, which must be coordinated with R&D tax credits under Section 280C(c). This adjustment must be filed by July 4, 2026. Image 2

Integration with Other Tax Factors When devising strategy around the OBBBA changes, consider implications on net operating loss, bonus depreciation, business interest limits, and international tax positions for larger firms. It’s essential for taxpayers to model varied scenarios to harness maximum benefit from newly available deductions in 2025, which could notably decrease tax liabilities and unlock planning opportunities.

Automatic Accounting Adjustments The IRS offers simplified compliance with an automatic change method for implementing these transition rules. The possibility to "catch-up" on deductions provides a liquidity boost for businesses, canceling out burdens from previous capitalization requirements. For guidance, reference the IRS’s Rev Proc 2025-28. For more personalized planning, reach out to our office to explore optimal tax solutions tailored to your circumstances.

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