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Enhancing R&D Deduction Strategies Under the Big Bill Act

With the enactment of the One Big Beautiful Bill Act (OBBBA) on July 4, 2025, the landscape of Research & Experimental (R&E) tax incentives has experienced a significant positive shift. Historically, R&E expenditures have been a pivotal part of driving innovation across industries, with tax laws crafted to bolster this through beneficial deductions, thus minimizing taxable revenue.

The OBBBA revitalizes the immediate deductibility of domestic R&E expenditures, a cornerstone previously eroded by the TCJA of 2017. By reintroducing this incentive under IRC Section 174A, the Act underscores the commitment to U.S.-based R&E while enforcing stringent guidelines for international research activities.

Understanding R&E ExpensesImage 2 R&E expenses, often synonymous with R&D costs, are broadly defined as expenses related to the development or enhancement of products, including software. These can encompass wages for research staff, materials costs, third-party contractor fees, and certain overheads such as facility-related costs.

The IRS's broad definition of R&E aims to encourage a diverse array of innovative endeavors that advance industry standards.

Navigating the Evolution of R&E Expensing

Prior to the revisions introduced by the TCJA for tax years post-December 31, 2021, entities could elect between immediately expensing R&E costs or opting for capitalization over at least 60 months. Such provisions were vital for cash flow optimization, particularly for businesses invested heavily in R&D.

The TCJA's adjustments, enforced from 2022 onwards, mandated a shift to a standardized capitalization over five or 15 years for domestic and foreign R&E activities, respectively, causing substantial financial strain, especially on nascent firms with significant R&D outlays but minimal revenues.

Post-OBBBA R&E Expensing Paradigm

Domestic versus Foreign Research The OBBBA introduces renewed and differential consideration for research based on geographical location:Image 3

  • Domestic R&E Expenditures: These expenses revert to full immediate deductibility in the year they are incurred, akin to pre-2022 practices. Alternatively, businesses may choose capitalization over 60 months.
  • Foreign R&E Expenditures: The status quo of a mandatory 15-year amortization remains unaltered, with provisions deterring immediate deductions upon abandonment.

This clear dichotomy compels multinational enterprises to reconsider and potentially realign their research localities to harness optimal tax benefits.

Transition Rules for Previously Capitalized Expenses The OBBBA provides relief for expenses capitalized under the TCJA mandates during 2022-2024 through several remedial options starting the 2025 tax year:

  • Full Expensing in 2025: Deduction of the entire unamortized balance of domestic R&E costs in 2025.
  • Two-Year Amortization: Spreading deductions over 2025 and 2026.
  • Continued Amortization: Maintaining the original capitalization timeline.
  • Small Businesses’ Retroactive Claims: Eligible small enterprises can apply full expensing retrospectively for 2022-2024 via amended returns, offering significant retrospective tax relief opportunities.

Strategic Financial Considerations The new expensing framework intricately intertwines with other tax code stipulations such as NOLs, bonus depreciation, and interest expense limitations. It necessitates comprehensive modeling to explore expansive tax-saving permutations, reinforcing the potential for significant reductions in regular tax obligations in 2025.

Facilitating ComplianceImage 1 The IRS has streamlined compliance by treating these transitions as automatic accounting method changes, mitigating administrative burdens. The Rev Proc 2025-28 guidance outlines simplified procedures for taxpayers adapting to these reforms, emphasizing strategic adaptation for maximal financial benefit.

Connect with us to evaluate the tax implications in the context of the OBBBA and ascertain the best-fit strategies, ensuring alignment with Net Operating Loss rules and beyond.

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