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How the One Big Beautiful Bill Act Reshapes R&E Tax Planning

Research and Experimental (R&E) expenditures have long been a cornerstone of innovation, driving development across diverse sectors. Traditionally, their favorable treatment under tax laws has been a pivotal incentive for businesses, allowing them to lessen taxable income through deductions.

The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, renews this advantage, allowing immediate deductions of domestic Research and Experimental (R&E) expenditures. This reverses the changes introduced by the Tax Cuts and Jobs Act (TCJA) of 2017. The OBBBA, now part of the Internal Revenue Code (IRC) under Section 174A, reinstates vital incentives for U.S.-centered innovation while maintaining stringent capitalization requirements for foreign R&E activities.

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Defining R&E Expenses: Commonly termed R&D (research and development) expenses, R&E expenditures generally include costs associated with the creation or enhancement of a product, encompassing software development. Typical expenses encompass:

  • Wages of employees working on research projects.

  • Material and supply costs consumed in research.

  • Payments to third-party contractors conducting research services.

  • Overhead costs related to the facilities and equipment used in R&E, such as rent, utilities, insurance, and repairs.

The IRS adopts a broad definition to foster a spectrum of innovative activities.

A Brief History of R&E Tax Treatment: Prior to TCJA amendments for tax years post-December 31, 2021, businesses could choose to either immediately deduct R&E expenses or amortize them over 60 months under Section 174, benefiting cash flow for innovation-heavy companies.

The TCJA changes enforced from 2022 required all R&E expenditures to be ameliorated over set durations, five years for domestic research and 15 years for foreign, burdening businesses with cash tax liabilities. This was impactful for early-stage, pre-revenue enterprises incurring hefty R&D expenses.

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Post-OBBBA R&E Expensing: Effective for tax years starting post-December 31, 2024, OBBBA introduces Section 174A, significantly altering the domestic R&E landscape.

Domestic vs. Foreign Expenditure: The OBBBA makes a clear distinction based on research location:

  • Domestic R&E Expenditures: Taxpayers can fully deduct 100% of these costs immediately, restoring pre-2022 benefits and incentivizing U.S.-based research.

  • Foreign R&E Expenditures: The 15-year amortization remains unchanged, preventing immediate recovery upon abandonment or disposal post-May 12, 2025, urging multinational firms to reassess research locations for optimal tax benefits.

Transitional Relief for Amortized Expenses: OBBBA provides pivotal relief for R&E expenses amortized during 2022-2024, allowing taxpayers to accelerate deductions starting from the first tax year after December 31, 2024:

  • Option 1: Full Expensing in 2025: Deduct all remaining unamortized domestic R&E costs in the first tax year after December 31, 2024.

  • Option 2: Two-Year Amortization: Deduct over two years, 50% in 2025, and 50% in 2026.

  • Option 3: Continue Amortization: Elect to follow the original five-year schedule.

  • Eligible Small Businesses: Those with average annual gross receipts under $31 million can retroactively apply full expensing by amending past returns to claim refunds. This decision must be made before July 4, 2026, and aligns with R&D tax credit provisions, possibly reducing the R&D credit amount.

Impact on Other Tax Provisions: These new provisions interact with other tax code elements such as net operating loss (NOL), bonus depreciation, business interest deduction limitations, and international taxes, necessitating a comprehensive strategy rather than isolation. Businesses should model outcomes considering additional deductions available in 2025 to maximize tax liability reductions.

Adopting Accounting Changes: Treated as an automatic accounting method change, the transitional rules simplify compliance. This allows "catch-up" deductions, offering immediate cash relief. IRS guidance via Rev Proc 2025-28 details changes can be implemented by attaching a statement to returns instead of filing Form 3115.

Consult with our office to explore various options and develop the strategy best aligned with your specific circumstances as they could affect other tax components like Net Operating Loss policies and business interest deductions.

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