Unlocking New R&E Tax Strategies with the OBBBA

Research and Experimental (R&E) expenses are vital in driving innovation across many industries. Their tax treatment has historically been a tool to encourage innovation, as businesses could deduct these costs, effectively reducing taxable income.

The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, changes the game by allowing businesses to immediately deduct domestic R&E expenses again, reversing the policy introduced by the Tax Cuts and Jobs Act of 2017. With the creation of the new Internal Revenue Code (IRC) Section 174A, the OBBBA reinstates a powerful incentive for U.S. innovation while maintaining stringent capitalization rules for foreign R&E activities.

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Defining R&E Expenses

R&E expenses, often synonymous with R&D costs, cover expenditures essential to product development or improvement, software included. Key costs often consist of:

  • Employee wages associated with research activities.

  • Expenses for materials and supplies consumed in research.

  • Third-party research service contractor fees.

  • Overhead costs related to facilities used for R&E, such as rent and utilities.

The IRS broadly defines these expenses to support and encourage a spectrum of innovative endeavors.

The Evolution of R&E Expensing

Before changes by the TCJA effective after December 31, 2021, businesses could choose to immediately deduct R&E expenses or amortize them over at least 60 months. This flexibility offered cash flow advantages especially beneficial to innovation-heavy companies.

The TCJA required all R&E expenses post-2021 to be capitalized and amortized over five years domestically, or 15 years for international research. This shift imposed hefty cash tax burdens, particularly damaging to early-stage companies and startups incurring substantial R&D costs without revenue.

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How the OBBBA Reshapes R&E Expensing

Effective for tax years after December 31, 2024, Section 174A under the OBBBA redefines the approach to domestic R&E.

Domestic vs. Foreign R&E

  • Domestic R&E: Taxpayers can immediately fully deduct 100% of these costs in the incurred year, bringing back pre-2022 benefits. The option to amortize over 60 months remains.

  • Foreign R&E: The 15-year amortization requirement continues, with no early recovery permitted upon disposition or abandonment post-May 12, 2025. This distinction might prompt multinationals to reconsider research locales for optimal tax efficiency.

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Transition Relief for Previous Capitalizations

For expenses capitalized between 2022 and 2024, the OBBBA offers these options starting in 2025:

  • Option 1: Fully expense the remaining unamortized balance in 2025.

  • Option 2: Amortize the balance over two years (50% in 2025, 50% in 2026).

  • Option 3: Continue on the original five-year schedule.

  • Eligible Small Businesses: Those with average annual gross receipts of $31 million or less can retroactively apply full expensing to 2022-2024 via amended returns, claiming refunds by July 4, 2026.

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Considerate of Broader Tax Provisions

The new expensing rules interplay with numerous Tax Code areas like net operating loss (NOL) limitations, bonus depreciation, and international taxes for large enterprises. Reviewing all potential interactions is necessary as you optimize your tax strategy across deductions available in 2025.

Seamless Accounting Transition

Treated as an automatic accounting change, these transition guidelines provide a chance to "catch up" on deductions swiftly, delivering critical cash relief from prior policies. The IRS guidance, linked here, notes compliance via a statement attached to returns versus filing Form 3115.

If any of this seems familiar, we’re here to guide you step-by-step through these changes. Feel free to reach out to tailor a strategy that maximizes your tax benefits while considering broader tax implications.

Virtual AI
If you’re ready to get a handle on your tax situation, reach out and we’ll guide you through each step.
Let’s Sort This Out
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