How the OBBBA Revamps Business R&D Tax Strategies

Research and Experimental (R&E) expenditures are foundational to driving innovation across numerous sectors. Historically, U.S. tax laws encouraged such investments by allowing businesses to deduct these expenses, significantly reducing taxable income. The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, reinforces this objective by permanently reinstating the immediate deduction for domestic R&E expenditures, counteracting the earlier revisions under the Tax Cuts and Jobs Act (TCJA) of 2017. This shift under Internal Revenue Code (IRC) Section 174A rejuvenates U.S.-based innovation incentives, while maintaining stricter guidelines for foreign R&E.

Defining R&E Expenses: Commonly referred to as Research and Development (R&D) costs, R&E expenses generally encompass costs that are pivotal to the creation or improvement of a product, including software development. Specific expenses include:

  • Salaries for personnel engaged in research.

  • Materials and supplies utilized in R&E.

  • External contractor expenses for research services.

  • Overhead expenses related to R&E facilities, including rent, utilities, and maintenance.

The IRS's broad definition of these expenditures aims to encourage a diverse range of innovative activities.

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A Brief History of R&E Deduction: Before the TCJA’s amendments, businesses had flexibility in managing R&E expenses via immediate deductions or a capitalization and amortization term of at least 60 months. This approach offered substantial cash flow benefits, particularly advantageous for companies rich in innovation.

Post-TCJA adjustments mandated the capitalization and amortization of all R&E expenses over five years domestically and 15 years internationally, starting from tax years beginning after December 31, 2021. This increased the financial burden on businesses, especially for startups accruing hefty R&D costs with no immediate income.

The OBBBA’s Impact on R&E Expensing: Taking effect for tax years commencing after December 31, 2024, the OBBBA’s Section 174A substantially alters domestic R&E dynamics.

Domestic vs. International Distinction: The OBBBA underscores a marked differentiation based on research location:

  • Domestic R&E Costs: Businesses can now deduct 100% of these expenses in the paid or incurred tax year, restoring previous advantageous conditions and incentivizing domestic research activities. Furthermore, businesses can choose to capitalize and amortize these costs over at least 60 months.

  • Foreign R&E Costs: The 15-year capitalization rule for international research remains unchanged. The act inhibits the immediate recovery of unamortized foreign R&E costs if they are abandoned post-May 12, 2025. This difference may prompt multinational firms to reconsider their research locations to optimize tax outcomes.

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Transition Options for Pre-2025 Amortized Expenses: The OBBBA also offers transition relief for R&E costs that were amortized from 2022 to 2024 under prior TCJA mandates. Taxpayers with domestic R&E costs still being amortized have these options starting the tax year 2025:

  • Option 1: Full Deduction in 2025: Deduct the unamortized balance entirely in the first tax year after December 31, 2024.

  • Option 2: Two-Year Amortization: Reduce the unamortized balance evenly over the 2025 and 2026 tax years.

  • Option 3: Continual Amortization: Proceed with the existing five-year amortization schedule.

  • Eligible Small Businesses have another potent option:

    • Retroactive deduction by filing amended returns for years post-December 31, 2021, potentially claiming refunds. This election must be enacted by July 4, 2026, ensuring coordination with R&D tax credit rules under Section 280C(c), which means adjusting the R&D credit.

Integration with Other Tax Codes: The new R&E expensing mandates have significant interactions with other Tax Code provisions, such as Net Operating Loss (NOL), bonus depreciation, business interest limitations, and international taxes, particularly for large companies. Taxpayers should strategically assess these interactions to maximize available deductions and minimize regular tax liabilities or avail of various planning opportunities as the 2025 tax adjustments become available.

Accounting Method Change: These transitional rules are treated as an automatic accounting method change, simplifying compliance. This "catch-up" provision potentially offers substantial liquidity to businesses, easing the burden of previous capitalizations. According to IRS Rev Proc 2025-28, taxpayers can implement this change by appending a simple statement to their return instead of using Form 3115, Application for Change in Accounting Method. See more guidance here.

For tailored analysis and deductions modeling, consult with our office to navigate your optimal path amidst these tax adjustments, ensuring a clear grasp of how NOLs, interest expense limits, and other provisions intersect.

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