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How the One Big Beautiful Bill Act Reshapes Business R&D Tax Strategies

The ability to leverage Research and Experimental (R&E) expenditures is central to fostering innovation across various sectors. Traditionally, tax law has supported this by permitting businesses to deduct R&E expenses, thereby effectively lowering their taxable income.

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On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was enacted, fundamentally impacting how businesses manage domestic R&E expenses. Specifically, it overturns a contentious aspect of the 2017 Tax Cuts and Jobs Act (TCJA) by allowing the immediate deduction of these expenses, a benefit long-cherished by innovation-driven companies. This change is codified in the new Internal Revenue Code (IRC) Section 174A, restoring crucial incentives for U.S.-based R&E activities while retaining strict controls over the capitalization of foreign research expenses.

Defining R&E Expenditures: What Qualifies? R&E expenses, often closely associated with R&D (Research and Development) costs, involve expenditures related to product or software development and enhancement. These can include:

  • Employee wages for those involved in R&E.

  • Costs of materials and supplies in the R&E process.

  • Expenses for third-party contractor services in research.

  • Overheads tied to facilities and equipment used in R&E activities, such as rent and utilities.

The IRS's broad definition of these expenses is designed to support a wide array of innovative endeavors.

Background of R&E Expensing - Prior to recent legislative shifts, businesses could choose to either immediately expense R&E costs or amortize them under former Section 174, offering significant cash flow advantages.

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However, starting in 2022, the TCJA mandated the capitalization of these expenses over a minimum of five years for domestic activities and fifteen for international ones, significantly impacting cash flows, particularly for startups.

Impact of the OBBBA on Domestic R&E Expenses - With the OBBBA's reforms effective for tax years post-2024, businesses can once again fully expense domestic R&E outlays immediately. This reverts to pre-2022 favorable conditions, thereby incentivizing U.S.-based research. Conversely, international R&E still faces a 15-year amortization requirement, prompting multinational entities to reconsider research venue strategies.

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Acceleration Options for Amortized Expenses - The OBBBA includes a transition relief for costs capitalized between 2022 and 2024, offering paths like:

  • Option 1: Full Expensing - Deduct the entire remaining domestic R&E costs as of 2025.

  • Option 2: Two-Year Amortization - Spread deductions over 2025 and 2026.

  • Option 3: Original Schedule - Continue as per the original five-year plan.

  • Small Business Relief: Eligible small businesses can retroactively apply full expensing starting in 2022 by amending earlier tax returns, with a deadline of July 4, 2026. This adjustment may coincide with changes in the R&D tax credit, inevitably impacting the credit amount (see Section 280C(c)).

Tax Code Synergies - The R&E expensing modifications intersect with numerous tax code sections, including net operating losses (NOL), bonus depreciation, and interest expense caps. Thoughtfully evaluating these intersections is crucial for optimizing tax strategy outcomes as new deductions potentially diminish regular tax liabilities.

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Transition Accounting Changes - The revisions align as an automatic accounting method change, easing compliance burdens. Businesses can benefit from a significant cash influx by catching up on previously capitalized deductions. The IRS's guidance via Rev Proc 2025-28 facilitates this transition by allowing a simple statement on the return without needing Form 3115.

For assistance in navigating these tax strategies and modeling potential outcomes, particularly as they relate to NOL rules or business interest limits, reach out to our office. Strategic coordination can augment tax savings and ensure compliance.

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