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Transforming R&E Tax Strategies with the OBBBA

The landscape of Research and Experimental (R&E) expenditures has been markedly reshaped, affecting innovation-driven sectors across the board. Historically, tax law treated these expenditures as deductible, offering vital incentives for innovation by reducing taxable income and supporting ongoing development efforts.

The recently enacted One Big Beautiful Bill Act (OBBBA) of July 4, 2025, reestablishes the option for businesses to immediately deduct domestic R&E expenditures, countering restrictions imposed by the 2017 Tax Cuts and Jobs Act (TCJA). Under the new Internal Revenue Code (IRC) Section 174A, a key fixture in promoting U.S.-based innovation is revived, though foreign R&E activities face continued capitalization requirements.

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Understanding R&E Expenses - R&E expenditures, often synonymous with R&D costs, include those associated with product development or improvement. Specific examples include:

  • Employee wages linked to research activities.

  • Materials and supplies used in research.

  • Third-party contractor research service fees.

  • Indirect overhead costs related to facilities, such as rent and utilities.

The IRS defines these broadly to stimulate a wide array of innovative efforts.

R&E Expensing – An Evolution - Pre-TCJA, businesses could choose immediate R&E expense deductions or opt for amortization over at least 60 months, bolstering cash flow for innovation-heavy companies.

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Effective 2022, the TCJA eliminated this flexibility, mandating a 5-year domestic and 15-year foreign research amortization, creating cash flow challenges, particularly for startups with substantial R&D expenditures early on.

Post-OBBBA Expensing - Effective for tax years from January 1, 2025, the OBBBA's Section 174A significantly impacts domestic R&E strategies.

Domestic vs. Foreign R&E Expenditures - The OBBBA distinguishes:

  • Domestic: Immediate 100% deduction for domestic R&E, reenacting favorable pre-2022 conditions, thereby incentivizing U.S.-based research. Optional capitalization over 60 months remains.

  • Foreign: Continues the 15-year amortization, inclusive of restrictions on unamortized foreign R&E basis post-disposition. Multinationals may reconsider research locations for optimal tax outcomes.

Expedited Deduction Options - The OBBBA extends transition relief for R&E expenditures capitalized between 2022-2024. Taxpayers can accelerate deduction starting in 2025:

  • Option 1: Deduct entire unamortized domestic R&E balance in 2025.

  • Option 2: Split deduction over 2025 and 2026.

  • Option 3: Continue the original five-year amortization.

  • Small Businesses: Eligible small businesses (gross receipts ≤ $31 million) can elect for retroactive expensing back to post-2021 tax years via amended returns, coordinating with R&D credits under Section 280C(c).

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Interplay with Other Tax Provisions - The provisions interact with net operating loss rules, bonus depreciation, and business interest expense limitations. Strategic planning is essential for evaluating these alongside available deductions starting in 2025, which could reduce tax liabilities significantly.

Accounting Method Changes - Transition rules allow for an automatic change of accounting method, easing compliance. This "catch-up" offers a notable cash flow improvement. The IRS's provided guidance through Rev Proc 2025-28 for reporting the changes without filing Form 3115.

Our office is ready to assist in modeling the optimal strategies given your specific circumstances, ensuring all tax provisions, including NOL rules and interest expense limitations, are effectively managed.

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