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Unlocking Tax Advantages: How OBBBA Reshapes R&D Strategies

Research and Experimental (R&E) expenditures are essential to driving innovation across sectors. Traditionally, tax laws have incentivized such innovation by allowing businesses to deduct these expenditures immediately, thus reducing taxable income and encouraging further development efforts.

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The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, reinstates the immediate deductibility for domestic R&E expenses, counteracting changes imposed by the Tax Cuts and Jobs Act (TCJA) of 2017. Under the newly established IRC Section 174A, the act reinstates a significant incentive for U.S.-based innovation while upholding stricter requirements for international research efforts.

Understanding R&E Expenses

R&E, also known as R&D, costs are vital to product and software development. Expenses typically include:

  • Employee wages for research activities

  • Materials and supplies consumed during research

  • Third-party contractor research services

  • Overhead expenses such as rent and utilities for research facilities

The IRS defines these costs broadly to foster a wide range of innovation activities.

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The Evolution of R&E Expensing

Prior to the TCJA amendments effective after December 31, 2021, businesses could either deduct R&E expenses immediately or amortize them over a minimum of 60 months under the previous Section 174. This flexibility provided significant cash flow benefits, especially critical for businesses in early development stages.

The TCJA's 2022 mandate required all R&E expenses to be capitalized, amortizing over five years domestically and 15 years internationally. This resulted in increased tax burdens, especially for startups incurring substantial R&D costs pre-revenue.

OBBBA's New Framework

The OBBBA, effective for tax years commencing after December 31, 2024, introduces Section 174A, transforming the landscape for domestic R&D.

Domestic vs. Foreign R&E Expenses

  • Domestic Expenses: Businesses can deduct 100% of these costs in the year incurred, once again incentivizing U.S.-located research. Alternatively, they can capitalize and amortize over 60 months if preferred.
  • Foreign Expenses: The 15-year amortization retains, discouraging immediate recovery of unamortized basis post-May 12, 2025. This difference pushes multinationals to reconsider research activity locations for optimal tax benefit advantages.
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Transitioning and Accelerating Deductions

Confirmed in the OBBBA, transition relief is available for R&E expenses capitalized during 2022-2024. Businesses can accelerate deductions beginning after December 31, 2024:

  • Full Expensing in 2025: Deduct the entire unamortized domestic R&E balance.
  • Two-Year Amortization: Deduct over two tax years (50% in 2025, 50% in 2026).
  • Continue Amortization: Stick with the original five-year schedule.
  • Eligible Small Business Option: Businesses, average revenue ≤ $31 million, may apply retroactive expensing via amended returns for 2022-2024 before July 4, 2026, balancing R&D tax credit adjustments with this election.

Integration with Other Tax Provisions

The R&E provisions' interaction with other tax components, including Net Operating Loss (NOL) and business interest expense limitations, cannot be understated. Comprehensive modeling is advised for aligning these benefits with future tax strategies and planning opportunities.

Accounting Methodology Adjustments

The treasury's transition rules enable an automatic accounting method change, evidenced by a statement attachment instead of Form 3115, offering a cash influx and alleviating the pressure from extensive capitalization previously required.

For tailored strategies on navigating these options, contact our office to explore integrations overlying NOL regulations and business interest limitations collaboratively.

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