The Impact of OBBBA on R&E Tax Methods for Companies

In the dynamic landscape of corporate tax law, Research and Experimental (R&E) expenditures remain pivotal to driving innovation across sectors. Historically, favorable tax treatments have spurred such investments, allowing companies to reduce taxable income through substantial deductions.

The advent of the One Big Beautiful Bill Act (OBBBA) on July 4, 2025, signals a significant pivot in R&E tax strategy. By reinstating the immediate deduction option for domestic R&E expenditures under new IRC Section 174A, the OBBBA not only revokes the 2017 Tax Cuts and Jobs Act (TCJA) amendments but also strengthens the incentives for in-house U.S. innovation. However, companies must still meet stricter capitalization obligations for foreign R&E activities.

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Defining R&E Expenditures: Typically identified as R&D costs, these include all expenses related to product development and enhancement, such as software creation. Primary expenditure categories comprise:

  • Employee salaries for those engaged in R&E efforts.

  • Material and supply costs necessary for research.

  • Payments to contractors providing third-party research services.

  • Overhead costs linked to the use of facilities and equipment, including rent, insurance, and utilities.

The IRS offers broad definitions of these costs to incentivize a spectrum of innovative activities.

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Historical Context of R&E Deductions: Prior to TCJA amendments which took effect after December 31, 2021, businesses could either deduct R&E expenses immediately or opt for capitalization and amortization over a minimum of 60 months, enhancing cash flows for research-intensive companies.

Post-TCJA, from 2022 onwards, mandated capitalization had increased financial burdens, particularly for nascent firms with significant R&D costs but limited revenue, as deductions got staggered over several years.

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R&E Post-OBBBA Landscape: Commencing after December 31, 2024, Section 174A marks a robust era for local R&E.

  • Domestic R&E: Now fully deductible in the year incurred, mirroring pre-2022 policies and reinforcing incentives for U.S.-based research. The choice for amortization over 60 months remains available.
  • Foreign R&E: The OBBBA holds the TCJA's 15-year amortization plan intact, barring instant recovery of basis upon project cessation, nudging multinationals to reassess their research locales to tap tax benefits.

Options for Pre-OBBBA Amortized Costs: The OBBBA extends transition relief options for firms with capitalized R&E costs from 2022-2024, allowing:

  • Full Expensing in 2025: Immediate deduction of residual unamortized domestic R&E costs.
  • Two-Year Amortization: Spread the remaining balance over two years (50% each in tax years 2025 and 2026).
  • Continue Five-Year Amortization: Retain prior amortization schedule.
  • Retroactive Expensing for Small Businesses: Amendment-based refunds for companies with under $31 million gross receipts, claimed by July 4, 2026, coordinating with R&D tax credit adjustments (Section 280C(c)).

Interplay with Broader Tax Code: Integrating these provisions with components like net operating losses, bonus depreciation, and international tax norms is critical. Strategic modeling is urged to leverage potential reductions in regular tax liabilities arising from new deductions, thus maximizing tax planning benefits.

Accounting Dynamics: Streamlined compliance ensues through an automatic change in accounting methods that offers liquidity by recouping prior capitalization costs. IRS guidance via Rev Proc 2025-28 stipulates statement-based returns over Form 3115, simplifying procedural transitions.

To explore tailored strategies for optimal tax benefits, contact us at Haley Claypool & Associates, specialists in navigating these evolving tax landscapes.

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