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The Transformative Impact of OBBBA on R&D Tax Strategy

Research and Experimental (R&D) expenses play a pivotal role in fostering innovation across diverse industries. Historically, tax legislation has supported these endeavors by allowing businesses to deduct R&D costs, thereby reducing their taxable income and driving innovation.

Implemented on July 4, 2025, the One Big Beautiful Bill Act (OBBBA) reintroduces the immediate deduction of domestic Research and Development (R&D) expenditures. This repeal of the Tax Cuts and Jobs Act (TCJA) 2017 amendments is governed under the new Internal Revenue Code (IRC) Section 174A, reinstating essential motivations for U.S.-based innovation. Contrastingly, it enforces stringent requirements for capitalizing foreign R&D activities.

Defining R&D Expenses - Typically synonymous with R&D, these costs relate to product development and improvement, including software creation. Commonly, R&D expenses encompass:

  • Wages for research personnel.

  • Materials and supplies consumed in research processes.

  • Costs for third-party research services.

  • Overhead costs associated with research facilities and equipment.

The IRS' broad definition seeks to support a diverse range of innovative initiatives.

The Evolution of R&D Expensing - Prior to the TCJA’s 2022 amendments, Section 174 provided businesses the choice to deduct R&D expenses in the year they occurred or capitalize and amortize them over at least 60 months. This facilitated cash flow advantages for innovation-driven enterprises.

The 2022 TCJA changes, mandating five-year domestic R&D expenditure capitalization and 15 years for foreign conducted research, prompted significant tax burdens, especially for early-stage firms pre-revenue yet incurring substantial R&D costs.

Post-OBBBA R&D Expense Dynamics - Effective for tax years starting after December 31, 2024, Section 174A under OBBBA redefines the expensing framework for R&D costs.

Domestic vs. Foreign Distinction:

  • Domestic R&D Expenses: Taxpayers can fully deduct 100% of these in the year of occurrence, reverting to favorable pre-2022 conditions. Alternatively, they may capitalize and amortize over at least 60 months, should they choose.

  • Foreign R&D Expenses: The 15-year amortization remains for foreign research under OBBBA, prohibiting immediate recovery of unamortized bases for foreign R&D property disposed of post-May 12, 2025. This furthers multinationals' scrutiny over their research sites to leverage tax advantages.

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Strategies to Accelerate Amortized Expenses - OBBBA introduces transition relief for R&D expenses capitalized during 2022-2024 under former TCJA provisions. Businesses can accelerate deductions from domestic R&D costs in years post-2024:

  • Option 1: Full Expensing in 2025: Deduct remaining unamortized domestic R&D expenses in the opening 2025 tax year.

  • Option 2: Two-Year Amortization: Deduct unamortized costs over two years (50% in 2025, 50% in 2026).

  • Option 3: Continued Amortization: Elect to proceed with the original five-year amortization plan.

  • For Eligible Small Businesses: Generally, entities with average annual gross receipts of $31 million or less over the preceding three years offer a more robust option —  Retroactive Expensing via Amended Returns: Retroactively apply the full expensing for post-December 2021 tax years by submitting Amendments (applicable for 2022-2024). This must align with Section 280C(c) R&D tax credit provisions, potentially necessitating a credit amount reduction. The election requires completion by July 4, 2026.

Integration with Broader Tax Provisions - The new R&D expensing waxes and wanes with other Tax Code elements, including the NOL, bonus depreciation, business interest, and large firms’ international taxes. Strategic tax planning requires modeling for optimal outcomes amid these deductions, influencing taxpaying approaches drastically.

Automatic Accounting Adjustment - The transitional regulations classify as an automatic accounting method change, easing compliance and unlocking appreciable cash influx opportunities by retroactively catching-up on deductions. The IRS offers preliminary direction under Rev Proc 2025-28, emphasizing attaching statements to tax filings instead of submitting Form 3115.

Connect with our office to explore optimal strategies tailored to your context, as evolving tax choices resignify complementary provisions like NOL and business interest deductions.

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