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The Impact of the One Big Beautiful Bill Act on R&E Tax Strategies

Research and Experimental (R&E) expenditures stand as the backbone of innovation across diverse sectors. Historically, tax laws incentivized these endeavors by granting businesses the ability to deduct such expenses, thereby lowering taxable income.

The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, reinstates the immediate deduction for domestic R&E expenditures, a pivotal shift from the constraints introduced by the Tax Cuts and Jobs Act (TCJA) of 2017. Codified under the new Internal Revenue Code (IRC) Section 174A, this law rekindles support for U.S.-based innovation and tightens the capitalization criteria for foreign R&E ventures.

Defining R&E Expenses - Often synonymous with R&D (research and development) costs, these expenses encompass any outlay associated with the creation or enhancement of products, including software. Typically, these include:

  • Salaries for employees involved in research.

  • Material and supply expenses consumed during research processes.

  • Contractual payments for third-party research services.

  • Relevant overhead costs, including rent, utilities, insurance, and maintenance for R&E facilities.

Broadly defined by the IRS, these expenditures aim to promote a wide array of innovative activities.

A Brief History of R&E Expensing - Prior to the enactment of the TCJA, businesses could either immediately deduct R&E costs or opt for capitalization and amortization over 60 months. This flexibility provided essential cash flow benefits for innovation-driven companies.

The TCJA, effective from 2022, removed this choice, compelling a five-year capitalization for domestic research and a 15-year period for foreign initiatives. This imposed substantial financial burdens, notably for nascent startups investing heavily in R&D but yet to generate revenue, as deductions were stretched over several years instead of yielding immediate tax benefits.

Post-OBBBA R&E Expensing - Effective for tax years starting after December 31, 2024, the OBBBA, through Section 174A, reshapes the landscape for domestic R&E.

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Distinguishing Domestic and Foreign R&E - The OBBBA underscores a significant distinction based on research location:

  • Domestic R&E Expenditures: Businesses can deduct 100% of these costs in the year incurred, reinstating pre-2022 practices and encouraging U.S.-based research. Alternatively, they may choose to capitalize and amortize over 60 months.

  • Foreign R&E Expenditures: The 15-year capitalization mandate remains, disallowing immediate recovery of any unamortized basis upon disposition after May 12, 2025. This delineation may prompt multinational companies to tweak their research locations for optimal tax gains.

Accelerating Amortized Expenses - The OBBBA offers transition relief for 2022-2024's capitalized R&E expenses under the TCJA.

  • Option 1: Full Expensing in 2025: Deduct the entire remaining unamortized domestic R&E cost in the first tax year post-2024.

  • Option 2: Two-Year Amortization: Spread the deduction evenly over two years (50% each in 2025 and 2026).

  • Option 3: Original Amortization: Continue the five-year amortization schedule, if preferred.

  • Small Business Option: Small businesses (those with average annual gross receipts below $31 million over three preceding years) can retroactively apply full expensing rules by amending returns from 2022-2024, claiming refunds from taxes paid under the old regime. This choice is available until July 4, 2026, and must align with the R&D tax credit provisions (Section 280C(c)), which may reduce the R&D credit amount.

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Other Tax Provisions Interplay - The R&E expensing updates interact with various Tax Code elements, such as net operating loss (NOL), bonus depreciation, business interest limitations, and international taxes for large enterprises. Taxpayers should consider these aspects jointly, rather than in isolation, to leverage new deductions in 2025, potentially decreasing regular tax obligations and paving the way for strategic tax planning.

Accounting Method Changes - These transition rules qualify as an automatic accounting method change, simplifying compliance and allowing businesses to "catch-up" on deductions. This presents significant cash infusion opportunities, easing prior stricter capitalization rules. Initial guidance from the IRS, via Rev Proc 2025-28, elucidates how to implement these changes by annexing a statement with tax returns instead of filing Form 3115, Application for Change in Accounting Method.

Contact us to model different strategies and determine the optimal path considering your unique circumstances, as these decisions influence other tax provisions like Net Operating Loss (NOL) rules and interest expense limitations.

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