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The Impact of OBBBA on Business R&D Tax Strategies

Research & Experimental (R&E) expenses are vital for driving innovation across various industries. Traditionally, their tax treatment has incentivized innovation by permitting businesses to deduct these costs, effectively lowering taxable income.

The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, permanently reinstates the immediate deduction of domestic R&E expenses, overturning a contentious aspect of the 2017 Tax Cuts and Jobs Act (TCJA). Now under Internal Revenue Code (IRC) Section 174A, this Act rejuvenates incentives for U.S.-based innovation, though it maintains stricter capitalization requirements for foreign R&E activities.

Understanding R&E Expenses - R&E expenditures, often known as R&D (Research and Development) costs, generally encompass expenses related to product development or enhancement, including software creation. Typical costs include:

  • Employee wages for research roles.

  • Material and supply costs consumed during research.

  • Costs from third-party research services.

  • Overhead associated with R&E facilities and equipment, including rent, utilities, and insurance.

The IRS defines these expenses broadly to foster a wide scope of innovation.

Historical Context of R&E Expensing - Prior to TCJA's enactment, businesses could either deduct R&E costs immediately or amortize them over a minimum of 60 months under the former Section 174. This flexibility offered significant cash flow relief, particularly beneficial for innovation-heavy companies.

The TCJA's provisions, effective from 2022, removed the immediate deduction option, requiring businesses to capitalize and amortize R&E expenditures over five years for domestic and 15 years for overseas research. This shift imposed substantial cash tax strain, especially on early-stage companies facing significant R&D outlays without immediate returns.

Post-OBBBA R&E Expensing - Effective for tax years commencing after December 31, 2024, OBBBA inaugurates Section 174A, dramatically altering the framework for domestic R&E.

Domestic vs. Foreign R&E Distinction:

  • Domestic R&E Expenditures: These can be 100% immediately deducted in the year incurred. This reestablishes pre-2022 favorable treatment, incentivizing U.S.-based innovation. Taxpayers may opt to continue capitalizing and amortizing these costs over at least 60 months if preferred.

  • Foreign R&E Expenditures: The OBBBA retains the 15-year capitalization and amortization mandate for foreign research. It prohibits immediate recovery of unamortized foreign R&E costs upon disposal or abandonment post-May 12, 2025, compelling multinationals to reassess research locations to capitalize on tax benefits.

Accelerating Expensed Amortization - OBBBA offers vital transitional relief for R&E expenditures capitalized from 2022-2024 under prior TCJA directives, allowing taxpayers to accelerate deductions starting after December 31, 2024 (generally the 2025 tax year):

  • Option 1: Full Expensing in 2025: Taxpayers can deduct the entire remaining unamortized balance of domestic R&E costs in the tax year starting after 2024.

  • Option 2: Two-Year Amortization: Amortize the remaining balance over two years (50% in 2025 and 50% in 2026).

  • Option 3: Continue Scheduled Amortization: Taxpayers can continue amortizing costs per the original five-year schedule.

  • Eligible Small Businesses: Small enterprises (gross receipts averaging $31 million or less over the past three years) may apply the full expensing retroactively via amended returns for tax years from 2022, allowing significant tax savings by July 4, 2026, though this election requires coordination with R&D tax credit reductions (Section 280C(c)).

Interrelation with Tax Code - The revamped expensing rules significantly interact with other tax aspects, including net operating loss (NOL) considerations, bonus depreciation, business interest expense limits, and cross-border taxities for large corporations. It is essential for taxpayers to consider these provisions collectively, undertaking detailed modeling to predict outcomes as new deductions can markedly alter tax liabilities from 2025, facilitating strategic planning.

Accounting Change Guidance - These transition rules are viewed as an automatic accounting method change, streamlining compliance. The IRS has issued preliminary guidance via Rev Proc 2025-28, detailing the procedural adjustments by enabling statement attachment to returns instead of the Form 3115 submission, easing the transition for businesses.

Contact us at GeneralCents Accounting to evaluate these options and curate the ideal strategy tailored for your business. Thorough analysis ensures optimal decision-making regarding NOL rules and interest expense limitations, aligning with your business's long-term financial health.

Learn more through the IRS guidance for detailed instructions.

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