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Revamp of R&D Tax Benefits: Analysis of the OBBBA Impact

In the ever-evolving landscape of tax legislation, Research and Experimental (R&E) costs remain pivotal for innovation across numerous sectors. Traditionally seen as a way to promote development, tax laws have allowed businesses to deduct these expenditures, thus decreasing their taxable income. The recent introduction of the One Big Beautiful Bill Act (OBBBA) marks a significant shift in R&E expensing strategies, offering renewed incentives for U.S.-based innovation.

The OBBBA, enacted on July 4, 2025, reinstates the immediate deductibility of domestic R&E expenses, reversing previous changes under the Tax Cuts and Jobs Act (TCJA) of 2017. This legislative change, through IRC Section 174A, revives a critical stimulus for American enterprises while maintaining stringent rules for offshore research endeavors.

Defining R&E Expenses: Often interchangeable with R&D costs, these expenses encompass various costs associated with developing or enhancing products, including software. Such costs typically include:

  • Employee wages for research-related activities.

  • Material and supply costs consumed during research.

  • Contractor fees for outsourced research services.

  • Overhead expenses like rent and utilities linked to R&E activities.

The IRS's broad definition aims to stimulate diverse innovative pursuits.

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Historical Insight into R&E Deductibility: Prior to the TCJA, businesses could elect to either deduct R&E expenses immediately or amortize them over a minimum of 60 months, significantly benefiting cash flow for companies heavily involved in R&D. However, post-2021, the TCJA required capitalization of these costs over periods of five years domestically and 15 years for foreign research, imposing heavier tax burdens primarily on startups and pre-revenue entities.

R&E Expensing Revisions Post-OBBBA: Effective for tax years after December 31, 2024, Section 174A heralds transformative changes, especially distinguishing between domestic and foreign R&E expenditures:

  • Domestic R&E Expenditures: Companies can now fully deduct these costs in the year they are incurred, markedly incentivizing domestic research activities. Alternatively, businesses may choose to capitalize these costs over a minimum of 60 months, restoring pre-2022 favorable treatment.

  • Foreign R&E Expenditures: The 15-year capitalization mandate persists for international research with restrictions on immediate cost recovery upon property abandonment. This dichotomy is likely to influence strategic decisions regarding research site locations.

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Options for Previously Capitalized Expenses: The OBBBA provides relief for R&E costs capitalized during 2022-2024 under prior regulations. Starting in 2025, businesses can:

  • Fully expense remaining unamortized domestic costs in 2025.

  • Distribute deductions over two years (50% each in 2025 and 2026).

  • Continue the original five-year amortization.

  • Small Business Opportunity: Eligible small businesses (with average annual gross receipts of $31 million or less) can retroactively apply full expensing to post-2021 tax years, potentially reclaiming taxes through amended returns. This powerful option necessitates careful coordination with R&D tax credits.

The enhanced expensing provisions significantly interact with existing tax codes, including net operating losses (NOLs), bonus depreciation, and international tax implications—all requiring integrated consideration. The law's transition rules consider these deductions as an automatic accounting method change, simplifying compliance and offering immediate financial relief.

Our firm, NR CPAs & Business Advisors, headquartered in Coral Gables, Florida, is well-equipped to assist businesses in navigating these transformative changes. By providing tailored financial advice, we ensure your strategies align with both current and upcoming tax legislation, facilitating optimal tax planning and policy integration.

Contact us to model your options and identify the best path for your organization, considering potential impacts on other deductions such as the Net Operating Loss (NOL) provisions and business interest expense limitations.

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