Research & Development

The Interaction Between Section 174 and the R&D Tax Credit:

With the mandatory amortization of R&D expenses under Section 174, businesses must carefully plan their tax strategy. Here’s how these two provisions interact:

Aspect Section 174 R&D Tax Credit (IRC Section 41)
Purpose Defines how R&D expenses are deducted/amortized Provides a tax credit for qualified R&D expenses
Current Impact Requires amortization over 5 or 15 years Offers immediate tax savings (credit reduces tax liability)
Eligibility Broader definition of R&D expenses Stricter eligibility based on the Four-Part Test
Cash Flow Impact Delays expense deductions, increasing taxable income Directly reduces tax owed, improving cash flow

  • Section 174 of the Internal Revenue Code governs the tax treatment of research and experimental (R&E) expenditures. Historically, businesses could immediately deduct these expenses, reducing taxable income in the year they were incurred. However, the Tax Cuts and Jobs Act (TCJA) of 2017 changed this treatment, requiring businesses to capitalize and amortize these costs over time.

    Key Changes Under TCJA (Effective 2022)

    • Mandatory Amortization

      • R&E expenses incurred in the U.S. must be amortized over 5 years.

      • Foreign R&E expenses must be amortized over 15 years.

    • Mid-Year Convention

      • Companies can only deduct half a year’s worth of amortization in the first year, further delaying tax benefits.

    • Impact on Taxable Income

      • Since companies can no longer fully deduct R&D expenses upfront, taxable income appears higher, potentially leading to increased tax liabilities.

    Who is Affected?

    • Technology companies developing software and new products.

    • Pharmaceutical firms conducting clinical trials.

    • Manufacturers investing in process improvements.

    • Engineering firms developing prototypes or testing materials.

    • Startups with high R&D costs that previously benefited from full expensing.

  • While Section 174 affects expense deduction timing, IRC Section 41 (R&D Tax Credit) provides a direct dollar-for-dollar tax credit to incentivize research investments. The credit can reduce tax liability significantly and, in some cases, be refunded or used against payroll taxes.

    Eligibility Criteria

    To qualify, expenses must meet the Four-Part Test:

    1. Permitted Purpose – The research must aim to develop or improve a product, process, software, or technique.

    2. Technological in Nature – The research must rely on principles of engineering, computer science, physics, biology, or chemistry.

    3. Eliminate Uncertainty – The research must seek to resolve technical uncertainty.

    4. Process of Experimentation – The business must engage in systematic testing, modeling, simulations, or trial-and-error methods.

    Qualifying R&D Expenses

    • Wages for employees conducting R&D.

    • Supplies used in research.

    • Contract research expenses (with limitations).

    • Cloud computing and software development costs.

    Tax Benefits

    • Federal Credit: Typically 6%–10% of eligible R&D expenses.

    • Payroll Tax Offset: Startups with less than $5 million in revenue and less than 5 years old can apply the R&D credit against payroll taxes (up to $500,000 per year).

    • State R&D Credits: Many states offer additional R&D incentives.

Key Planning Considerations

  1. Higher Taxable Income in Early Years

    • Since Section 174 limits immediate deductions, businesses should prepare for increased taxable income in the first few years of an R&D project.

  2. Maximizing R&D Credits

    • Since R&D credits reduce tax liability dollar-for-dollar, claiming them can help offset the negative impact of Section 174 amortization.

  3. State R&D Credits Can Help

    • Many states offer R&D tax credits, further reducing the tax burden.

  4. Consider Tax Accounting Methods

    • Businesses may need to adjust accounting methods and tax projections to account for the new amortization rules.

What Should Businesses Do Next?

Given the major changes in Section 174, businesses should take proactive steps to optimize their tax strategy and avoid cash flow surprises.

Action Plan for Businesses:

  • Review R&D Expenses – Identify which costs fall under Section 174 amortization.

  • Maximize R&D Tax Credits – Work with a CPA to claim all eligible credits and reduce tax liability.

  • Adjust Financial Projections – Expect higher taxable income due to delayed deductions.

  • Evaluate Payroll Tax Offsets (for Startups) – Small businesses can use the R&D credit to offset payroll taxes instead of income tax.

  • Consider Legislative Changes – Congress has debated restoring full expensing of R&D costs. Stay updated on potential tax law changes.

Final Thoughts

The Section 174 changes have significantly impacted businesses that rely on R&D, making tax planning more crucial than ever. While amortization delays deductions, the R&D Tax Credit remains a powerful tool for reducing tax liability. Proactive tax planning and working with a CPA or tax professional can help businesses navigate these changes, optimize cash flow, and maximize tax benefits.