To amend or not to amend? That is the question

bigstock Business Idea concept busines 82511486 900x600.jpg

OBBBA and R&D Deductions: Should You Amend or Hold Off for 2024?

The One Big Beautiful Bill Act (OBBBA) gives small businesses a valuable opportunity: the ability to immediately deduct research and development (R&D) expenses incurred in 2022, 2023, and 2024. Yet, a gap in the law’s wording has left business owners uncertain about how to properly handle their 2024 tax returns.

Where the Uncertainty Lies
The statute says amended returns are required for any year “affected by the election.” This phrase has led to two competing approaches:

Play It Safe: File the original 2024 return under the old capitalization rules, then amend once the IRS clarifies the election process. Lower risk, but delayed benefit.

Take a Bold Stance: File the 2024 return claiming the full deduction up front, arguing this reflects Congress’s intent to provide immediate relief. Faster benefit, but more exposure if challenged.

Why Prior Years Matter
A common oversight is assuming you can just deduct 2024 costs on the original return. If 2022 and 2023 remain on the books with capitalized expenses, the IRS may see that as an impermissible accounting method change.

Practical Approach for Now
Until the IRS issues official instructions, the cautious move is to:

File 2024 following capitalization rules.

Watch for IRS guidance on Section 174A.

Be ready to amend 2022–2024 to claim deductions once procedures are announced.

Looking to 2025
From 2025 onward, businesses can freely deduct R&D costs again and may also “catch up” deductions from 2022–2024. For some taxpayers, waiting until then could be the simplest and least risky way forward.

Do you want me to suggest a few other replacement options for “confusion” (like ambiguity, lack of clarity, or gray area) so you can pick the one that fits best with your style?

R&D Tax Credit Eligibility AI Tool

directive for LBI taxpayers

directive for LBI taxpayers

What is the R&D Tax Credit?

The Research & Experimentation Tax Credit (or R&D Tax Credit), is a general business tax credit under Internal Revenue Code section 41 for companies that incur research and development (R&D) costs in the United States. The credits are a tax incentive for performing qualified research in the United States, resulting in a credit to a tax return. For the first three years of R&D claims, 6% of the total qualified research expenses (QRE) form the gross credit. In the 4th year of claims and beyond, a base amount is calculated, and an adjusted expense line is multiplied times 14%. Click here to learn more.

directive for LBI taxpayers

R&D Tax Credit Preparation Services

Swanson Reed is one of the only companies in the United States to exclusively focus on R&D tax credit preparation. Swanson Reed provides state and federal R&D tax credit preparation and audit services to all 50 states.

If you have any questions or need further assistance, please call or email our CEO, Damian Smyth on (800) 986-4725.
Feel free to book a quick teleconference with one of our national R&D tax credit specialists at a time that is convenient for you.

R&D Tax Credit Audit Advisory Services

creditARMOR is a sophisticated R&D tax credit insurance and AI-driven risk management platform. It mitigates audit exposure by covering defense expenses, including CPA, tax attorney, and specialist consultant fees—delivering robust, compliant support for R&D credit claims. Click here for more information about R&D tax credit management and implementation.

Our Fees

Swanson Reed offers R&D tax credit preparation and audit services at our hourly rates of between $195 – $395 per hour. We are also able offer fixed fees and success fees in special circumstances. Learn more at https://www.swansonreed.com/about-us/research-tax-credit-consulting/our-fees/

directive for LBI taxpayers

Upcoming Webinars

bigstock Image of two young businessmen 521093561 300x200

Upcoming Webinars

water tech

Upcoming Webinars

Choose your state

find-us-map

Swanson Reed’s Triumph: Earning ISO 27001 Certification and Powering Innovation with Cutting-Edge Tools

startup-594090_1280

Swanson Reed, a global leader in R&D tax credit consulting, has just raised the bar by achieving the prestigious ISO 27001 certification, the gold standard for information security management. This milestone underscores their commitment to protecting client data while delivering innovative solutions like TaxTrex and creditARMOR. Let’s dive into how this certification and their standout products are transforming the R&D tax credit landscape!

Why ISO 27001 Certification Matters

ISO 27001 is the international benchmark for a robust Information Security Management System (ISMS), ensuring top-tier protection against cyber threats. For Swanson Reed, this certification means their clients’ sensitive R&D and financial data is safeguarded with world-class security measures. In an era where data breaches are all too common, this achievement is a testament to their dedication to trust and reliability.

Swanson Reed’s Game-Changing Products

Swanson Reed isn’t just about securing data; they’re revolutionizing how businesses claim R&D tax credits with innovative tools designed for efficiency and compliance. Here are their key offerings:

  • TaxTrex: This AI-driven software is a market leader, streamlining R&D tax credit claims by preparing them in just 90 minutes. TaxTrex uses advanced artificial intelligence to analyze project data, identify eligible activities, and generate compliant documentation with features like intelligent risk assessment, automated surveys, and secure document storage. It’s a game-changer for businesses looking to self-claim credits quickly and accurately.
  • creditARMOR: This R&D tax audit insurance product is one of the most cost-effective tools on the market. creditARMOR combines AI-driven risk management with comprehensive audit defense, covering costs for CPAs, tax attorneys, and specialists during IRS audits. Its proactive compliance framework minimizes audit risks, giving businesses confidence to pursue R&D credits without fear of regulatory challenges.
  • R&D Tax Credit Consulting Services: With over 30 years of experience, Swanson Reed exclusively focuses on R&D tax credit preparation and audit advisory. Filing over 1500 claims annually, their team of engineers, scientists, and CPAs provides meticulous claim preparation and robust audit defense, ensuring maximum benefits and compliance across all 50 U.S. states and internationally.

What ISO 27001 Means for Clients

Swanson Reed’s ISO 27001 certification enhances the value of their products and services, offering clients:

  1. Unmatched Data Security: Your proprietary R&D data is protected by a globally recognized security framework, ensuring confidentiality and integrity.
  2. Enhanced Trust: The certification solidifies Swanson Reed’s reputation as a reliable partner, giving clients confidence in their data handling and tax credit processes.
  3. Future-Ready Solutions: With a commitment to continuous improvement, Swanson Reed ensures their tools and services evolve with the latest security and regulatory standards.
  4. Global Reach with Local Expertise: Operating in countries like the U.S., Australia, and the UK, Swanson Reed combines international standards with localized expertise.

How Swanson Reed Achieved ISO 27001

Earning ISO 27001 required Swanson Reed to implement a comprehensive ISMS, involving rigorous risk assessments, advanced security controls, and a culture of security-first thinking. This process ensures their products, like TaxTrex and creditARMOR, operate within a secure environment, protecting clients from cyber risks while delivering seamless R&D tax solutions.

Why Choose Swanson Reed?

Swanson Reed stands out as the largest specialist R&D tax advisory firm in the U.S., with a focus on confidence, transparency, and simplicity. Their ISO 27001 certification complements their innovative tools, making them a trusted partner for businesses of all sizes. Whether you’re a startup leveraging TaxTrex to claim credits quickly or a corporation relying on creditARMOR to navigate audits, Swanson Reed empowers you to innovate fearlessly.

Unlock Your R&D Potential Today

With ISO 27001 certification and cutting-edge products like TaxTrex and creditARMOR, Swanson Reed is redefining R&D tax credit consulting. Visit www.swansonreed.com to discover how they can help your business maximize tax credits, secure your data, and drive innovation forward. Here’s to a future of secure, efficient, and innovative growth with Swanson Reed!

R&D Tax Credit Eligibility AI Tool

directive for LBI taxpayers

directive for LBI taxpayers

What is the R&D Tax Credit?

The Research & Experimentation Tax Credit (or R&D Tax Credit), is a general business tax credit under Internal Revenue Code section 41 for companies that incur research and development (R&D) costs in the United States. The credits are a tax incentive for performing qualified research in the United States, resulting in a credit to a tax return. For the first three years of R&D claims, 6% of the total qualified research expenses (QRE) form the gross credit. In the 4th year of claims and beyond, a base amount is calculated, and an adjusted expense line is multiplied times 14%. Click here to learn more.

directive for LBI taxpayers

R&D Tax Credit Preparation Services

Swanson Reed is one of the only companies in the United States to exclusively focus on R&D tax credit preparation. Swanson Reed provides state and federal R&D tax credit preparation and audit services to all 50 states.

If you have any questions or need further assistance, please call or email our CEO, Damian Smyth on (800) 986-4725.
Feel free to book a quick teleconference with one of our national R&D tax credit specialists at a time that is convenient for you.

R&D Tax Credit Audit Advisory Services

creditARMOR is a sophisticated R&D tax credit insurance and AI-driven risk management platform. It mitigates audit exposure by covering defense expenses, including CPA, tax attorney, and specialist consultant fees—delivering robust, compliant support for R&D credit claims. Click here for more information about R&D tax credit management and implementation.

Our Fees

Swanson Reed offers R&D tax credit preparation and audit services at our hourly rates of between $195 – $395 per hour. We are also able offer fixed fees and success fees in special circumstances. Learn more at https://www.swansonreed.com/about-us/research-tax-credit-consulting/our-fees/

directive for LBI taxpayers

Upcoming Webinars

bigstock Image of two young businessmen 521093561 300x200

Upcoming Webinars

water tech

Upcoming Webinars

Choose your state

find-us-map

Congress passes tax bill to permanently restore R&D expensing and allow amendments for prior years

bigstock Businesswoman presenting to co BW e1456197552538

Congress Passes Bill Restoring Immediate R&D Tax Deductibility

In a major win for American innovation, Congress has officially passed a bill on July 3, 2025, restoring the immediate expensing of domestic research and development (R&D) costs under Section 174 of the tax code.

The legislative change reverses a provision from the 2017 Tax Cuts and Jobs Act that, starting in 2022, required businesses to amortize R&D expenses over five years-15 years for foreign R&D. This amortization rule significantly increased the after-tax cost of innovation, drawing widespread criticism from startups, manufacturers, and technology firms alike.

The newly passed bill reinstates the pre-2022 expensing rules retroactively, allowing companies to immediately deduct qualifying domestic R&D expenditures incurred from tax year 2022 onward. This move is expected to improve cash flow, support job creation, and incentivize investment in critical technologies across the U.S.

Importantly, the bill also retains the distinction between domestic and foreign R&D costs: foreign R&D must still be amortized over 15 years, a measure aimed at encouraging more innovation activity within U.S. borders.

Industry groups, including the National Association of Manufacturers and the Information Technology & Innovation Foundation, praised the legislation as a long-overdue correction. Tax professionals are now advising companies to revisit prior-year returns and consider amended filings to capture the retroactive benefits.

The restoration of full expensing for R&D is widely seen as a bipartisan signal that American competitiveness and technological leadership remain top national priorities.

R&D Tax Credit Eligibility AI Tool

directive for LBI taxpayers

directive for LBI taxpayers

What is the R&D Tax Credit?

The Research & Experimentation Tax Credit (or R&D Tax Credit), is a general business tax credit under Internal Revenue Code section 41 for companies that incur research and development (R&D) costs in the United States. The credits are a tax incentive for performing qualified research in the United States, resulting in a credit to a tax return. For the first three years of R&D claims, 6% of the total qualified research expenses (QRE) form the gross credit. In the 4th year of claims and beyond, a base amount is calculated, and an adjusted expense line is multiplied times 14%. Click here to learn more.

directive for LBI taxpayers

R&D Tax Credit Preparation Services

Swanson Reed is one of the only companies in the United States to exclusively focus on R&D tax credit preparation. Swanson Reed provides state and federal R&D tax credit preparation and audit services to all 50 states.

If you have any questions or need further assistance, please call or email our CEO, Damian Smyth on (800) 986-4725.
Feel free to book a quick teleconference with one of our national R&D tax credit specialists at a time that is convenient for you.

R&D Tax Credit Audit Advisory Services

creditARMOR is a sophisticated R&D tax credit insurance and AI-driven risk management platform. It mitigates audit exposure by covering defense expenses, including CPA, tax attorney, and specialist consultant fees—delivering robust, compliant support for R&D credit claims.  Click here for more information about R&D tax credit management and implementation.

Our Fees

Swanson Reed offers R&D tax credit preparation and audit services at our hourly rates of between $195 – $395 per hour.  We are also able offer fixed fees and success fees in special circumstances.  Learn more at https://www.swansonreed.com/about-us/research-tax-credit-consulting/our-fees/

directive for LBI taxpayers

Upcoming Webinars

 

bigstock Image of two young businessmen 521093561 300x200

Upcoming Webinars

 

water tech

Upcoming Webinars

 


Choose your state

find-us-map

US Government Launches $1.6B Advanced Chip R&D Competition

machine-1715424_1280

The Commerce Department has announced plans for a $1.6 billion advanced chip R&D competition. This CHIPS for America program will make awards of around $150 million each to promote private sector investment in five research areas.

The money will come through the 2022 Chips and Science Act in an effort to accelerate the US’s expertise in advanced packaging. Advanced packaging technology is in high demand now with advances in semiconductor technology powered by the growth of artificial intelligence applications and microelectronics. Currently, this market is dominated by Asian countries, and the US is estimated to control just 3% of the world’s capacity.

The US government outlined its vision for boosting its advanced chip capabilities in the National Advanced Packaging Manufacturing Program (NAPMP), which was unveiled last year. It has already handed out financial incentives to companies such as Intel , SK Hynix, Amkor and Samsung to boost the domestic advanced packaging sector.

With this new announcement the US Commerce Department is targeting five R&D areas:

  • Equipment, tools, processes, and process integration
  • Power delivery and thermal management
  • Connector technology, including photonics and radio frequency (RF)
  • Chiplets ecosystem
  • Co-design/electronic design automation (EDA)

Are you developing new technology for an existing application? Did you know your development work could be eligible for the R&D Tax Credit and you can receive up to 14% back on your expenses? Even if your development isn’t successful your work may still qualify for R&D credits (i.e. you don’t need to have a patent to qualify). To find out more, please contact a Swanson Reed R&D Specialist today or check out our free online eligibility test.

Who We Are:

Swanson Reed is one of the U.S.’ largest Specialist R&D tax advisory firms. We manage all facets of the R&D tax credit program, from claim preparation and audit compliance to claim disputes.

Swanson Reed regularly hosts free webinars and provides free IRS CE and CPE credits for CPAs. For more information please visit us at www.swansonreed.com/webinars or contact your usual Swanson Reed representative.

US R&D Spend Continues to Grow According to BEA Report

student-849825_1920

The Bureau of Economic Analysis (BEA) has recently released a report examining R&D spending across the nation. The report, which evaluated spend during the 2017 – 2021 tax years, indicated that R&D activity accounted for 2.3% of the U.S. economy in 2021.

In 2021, the country reported R&D spend of $542.7 billion – a massive increase compared to the $378.2 billion spent in 2017. This shows a continuous growth in R&D investments, despite the hard times faced since the onset of the COVID-19 pandemic.

Each state was evaluated and compared, using R&D as a share of each state’s gross domestic product (GDP). On the lower end of the spectrum, Louisiana and Wyoming sat around a 0.3% spend while New Mexico topped the list at 6.3%.

The top 10 R&D producing states account for 70% of the entire country’s spend. California alone accounts for almost a third of U.S. R&D. Other top R&D-producing states include Washington, Massachusetts, Texas, and New York.

The report further analyzed R&D by sector and determined 85% of R&D value added is generated by the business sector, followed by government, and nonprofit institutions serving households. Ofcourse, “Business Sector” is quite a broad category and so the report broke it down further.

Those in the business sector who run professional, scientific, and technical services account for 40% of the sector’s 85%. This was followed by Information services at 15% and chemical manufacturing at 12%.

Are you developing new technology for an existing application? Did you know your development work could be eligible for the R&D Tax Credit and you can receive up to 14% back on your expenses? Even if your development isn’t successful your work may still qualify for R&D credits (i.e. you don’t need to have a patent to qualify). To find out more, please contact a Swanson Reed R&D Specialist today or check out our free online eligibility test.

Who We Are:

Swanson Reed is one of the U.S.’ largest Specialist R&D tax advisory firms. We manage all facets of the R&D tax credit program, from claim preparation and audit compliance to claim disputes.

Swanson Reed regularly hosts free webinars and provides free IRS CE and CPE credits for CPAs. For more information please visit us at www.swansonreed.com/webinars or contact your usual Swanson Reed representative.

Senators Propose Using Emergency Funds to Develop Non-Defense AI R&D

light-bulb-1246043_1920

On May 15, 2024, a bipartisan group of senators released an outline of a solution to drive innovation in the U.S., particularly in AI. The blueprint proposes Congress rapidly ramp up federal spending on AI R&D using “emergency” appropriations.

Led by Senate Majority Leader Chuck Schumer (D-NY), a key architect of a similar emergency infusion for semiconductor manufacturing and R&D provided by the CHIPS and Science Act of 2022. The group’s other members are Sens. Todd Young (R-IN), Martin Heinrich (D-NM), and Mike Rounds (R-SD).

The proposed solution would fund non-defense AI R&D programs across the government to at least $32 billion per year. This value would match the level proposed in 2021 by the National Security commission on AI (NSCAI). The commission estimated that federal agencies spent about $1 billion on such R&D in fiscal year 2020 and proposed that Congress double that figure each year over five years.

Despite this recommendation by the NSCAI, there has not been even close to this pace of funding.

The proposal identifies priority programs for the funds to be spent on, including:

  • A cross-government AI R&D effort that spans the Department of Energy, National Science Foundation, National Institute of Standards and Technology, National Institutes of Health, NASA, and other relevant agencies;
  • An “AI-ready data” initiative that has a focus on “fundamental and applied science, such as biotechnology, advanced computing, robotics, and materials science”;
  • Efforts authorized by the CHIPS and Science Act that have not been fully funded, including but not limited to NSF’s education programs and its Directorate for Technology, Innovation, and Partnerships, DOE’s advanced computing and microelectronics programs, and the Commerce Department’s regional technology development hubs;
  • NSF’s National AI Research Resource and its National AI Research Institutes;
  • “AI Grand Challenge” programs that focus in part on developing applications to “fundamentally transform the process of science, engineering, or medicine”;
  • NIST’s AI programs as well as construction projects to “address years of backlog in maintaining NIST’s physical infrastructure”; and
  • A joint NIST-DOE test bed to “identify, test, and synthesize new materials to support advanced manufacturing through the use of AI, autonomous laboratories, and AI integration with other emerging technologies, such as quantum computing and robotics.”

In their blueprint, the senators recommend funding efforts to mitigate threats from AI-enhanced biological, chemical, and nuclear weapons, including through testbeds and model evaluation tools developed by DOE.

Any initiative will also need buy-in from the House. Schumer said he intends to raise the subject soon with House Speaker Mike Johnson (R-LA), who established his own bipartisan taskforce on AI  in February.

Are you developing new technology for an existing application? Did you know your development work could be eligible for the R&D Tax Credit and you can receive up to 14% back on your expenses? Even if your development isn’t successful your work may still qualify for R&D credits (i.e. you don’t need to have a patent to qualify). To find out more, please contact a Swanson Reed R&D Specialist today or check out our free online eligibility test.

Who We Are:

Swanson Reed is one of the U.S.’ largest Specialist R&D tax advisory firms. We manage all facets of the R&D tax credit program, from claim preparation and audit compliance to claim disputes.

Swanson Reed regularly hosts free webinars and provides free IRS CE and CPE credits for CPAs. For more information please visit us at www.swansonreed.com/webinars or contact your usual Swanson Reed representative.

Yellen Reveals US is Negotiating R&D Tax Credit in Global Tax

bigstock Businesswoman presenting to co BW e1456197552538

The United States is in talks with other countries to carve out an allowance for the U.S. research and development tax credit as part of the 15% global minimum tax deal.

More than 140 countries have signed up to the Global Minimum Tax deal. The tax treaty imposes a minimum rate of 15% on the profits of multinationals. The Global Cooperation Barometer launched at Davos calls for more collaboration.

“We are negotiating with other countries right now to try to get favorable treatment for the R&D tax credit and I am hopeful these negotiations will be successful,” said Treasury Secretary Janet Yellen during a hearing before lawmakers in the House of Representatives.

The negotiations are ongoing and decisions are not final. Yellen plans to keep the members of the House Ways and Means Committee apprised of any news. The Treasury Secretary continues to defend the global minimum tax, stating that the “Pillar 2” agreement for a 15% global minimum tax is “very much in support of goals that are good for this country.” 

Are you developing new technology for an existing application? Did you know your development work could be eligible for the R&D Tax Credit and you can receive up to 14% back on your expenses? Even if your development isn’t successful your work may still qualify for R&D credits (i.e. you don’t need to have a patent to qualify). To find out more, please contact a Swanson Reed R&D Specialist today or check out our free online eligibility test.

Who We Are:

Swanson Reed is one of the U.S.’ largest Specialist R&D tax advisory firms. We manage all facets of the R&D tax credit program, from claim preparation and audit compliance to claim disputes.

Swanson Reed regularly hosts free webinars and provides free IRS CE and CPE credits for CPAs. For more information please visit us at www.swansonreed.com/webinars or contact your usual Swanson Reed representative.

Companies are Concerned about R&D Tax Deal Held Up in Senate

ETRAK Technologies to Compete for $75K in Funding from Alabama Launchpad

Many large U.S. companies are pushing lawmakers to revive the expired tax breaks for research and development spending.

The 2017 Tax Cuts and Jobs Act (TCJA) had a provision for Section 174 of the internal revenue code (IRC) which came into effect in 2022 and resulted in research and development expenditures now needing to be amortized over 5 years rather than deducted in the year they occurred. The Tax Relief for American Families and Workers Act of 2024, a bipartisan bill, proposing a change back to deducting methods sprang into action and gained momentum in recent months but has now stalled in the Senate. 

At present, various large companies are stating that the law as it stands is costing them hundreds of millions or billions of dollars, while some owners of small and medium-size businesses are wondering if their firms will survive.

Companies of all sizes have been urging lawmakers to reverse the law. The House passed a bipartisan bill in January to restore immediate domestic research deductions retroactively from 2022, but Republicans have held up the bill in the Senate over details of child-credit changes, their inability to amend the bill and the prospect of a better deal if the GOP wins a Senate majority in November’s election. 

With matters like the House’s impeachment of Homeland Security Secretary Alejandro Mayorkas and reauthorization of a section of the Foreign Intelligence Surveillance Act potentially on the agenda, the Senate isn’t likely to take up the tax bill before a break later this month. “I don’t think there’s been any movement,” said Sen. Todd Young (R-Ind.), who supports the bill.

To add to the frustration caused by this delay, the current bill runs only through 2025 and is, if passed, only a stopgap anyways.

At this point, with hope of the bill passing waning, it is no surprise to see that companies are now considering offshore R&D activities where they could take advantage of other country’s R&D tax incentives. This would bring the benefits of innovation to other countries rather than keeping it local and supporting the United States.

Are you developing new technology for an existing application? Did you know your development work could be eligible for the R&D Tax Credit and you can receive up to 14% back on your expenses? Even if your development isn’t successful your work may still qualify for R&D credits (i.e. you don’t need to have a patent to qualify). To find out more, please contact a Swanson Reed R&D Specialist today or check out our free online eligibility test.

Who We Are:

Swanson Reed is one of the U.S.’ largest Specialist R&D tax advisory firms. We manage all facets of the R&D tax credit program, from claim preparation and audit compliance to claim disputes.

Swanson Reed regularly hosts free webinars and provides free IRS CE and CPE credits for CPAs. For more information please visit us at www.swansonreed.com/webinars or contact your usual Swanson Reed representative.

One Big Leap for R&D Expensing

businessman-3213659_640

Small- and Medium-sized businesses who have been committed to innovation can soon breathe a sigh of relief, as the new Tax Relief for American Families and Workers Act clears the House.

The bill cleared the House on January 31, 2024 with a strong bipartisan vote of 357 to 70. This vote saw 169 Republicans and 188 Democrats voting for the new measure. The bill has a collection of tax implications but, for our purposes, the most important provision is the language allowing businesses to deduct their research and development expenditures in the year they incurred those costs. This provision will be retroactive for expenses going back to 2022.

The Tax Cuts and Jobs Act (TCJA) of 2017 had seen this treatment changed, requiring R&D expenditures to be amortized over a 5 year period. This requirement had come into actualization for the 2022 tax year and immediately began wreaking havoc on small- and medium-sized businesses. 

In fact, recent data from the SBE Council suggested that these small- and medium-sized businesses were already beginning to lay off employees to compensate for the additional tax costs. They expected that any failure to restore deduction of domestic R&D expenses could result in an additional tax increase of 32% (or $59,000 on average) for small businesses. They also found that 19% of small businesses speculated they may need to close their firm as a result of the amortization requirements.

While lawmakers did not repeal the five-year amortization outright, the provision will block it for two years. This will, hopefully, provide the time needed for lawmakers to build a solution that will support domestic innovation and small business.

The bill still needs to pass through the Senate. Currently, Majority Leader Chuck Schumer (D-N.Y.) has voiced support for the tax bill and Finance Committee Chair Ron Wyden (D-Ore.)–who co-authored the proposal with and House Ways and Means Committee Chairman Jason Smith (R-Mo.)–will push for action.

But Senate Finance’s top Republican, Mike Crapo (Idaho), said in a statement that after the House’s action the Senate will go through its own process.

“I look forward to working with my colleagues to vet the legislation, address concerns and make the necessary changes to build support,” Crapo added.

Are you developing new technology for an existing application? Did you know your development work could be eligible for the R&D Tax Credit and you can receive up to 14% back on your expenses? Even if your development isn’t successful your work may still qualify for R&D credits (i.e. you don’t need to have a patent to qualify). To find out more, please contact a Swanson Reed R&D Specialist today or check out our free online eligibility test.

Who We Are:

Swanson Reed is one of the U.S.’ largest Specialist R&D tax advisory firms. We manage all facets of the R&D tax credit program, from claim preparation and audit compliance to claim disputes.

Swanson Reed regularly hosts free webinars and provides free IRS CE and CPE credits for CPAs. For more information please visit us at www.swansonreed.com/webinars or contact your usual Swanson Reed representative.

New Bill Sparks Hope for R&E Amortization

bigstock Smiling business people in mee 96690950 e1457318169602

The Tax Relief for American Families and Workers Act of 2024 is bringing new hope to the nation’s innovators. Announced by House Ways and Means Committee Chairman Jason Smith (MO-08) and Senate Finance Committee Chairman Ron Wyden (D-OR), the common sense, bipartisan, bicameral tax framework promotes the financial security of working families, boosts growth and American competitiveness, and strengthens communities and Main Street businesses. 

Wyden stated that his “goal remains to get this passed in time for families and businesses to benefit in this upcoming tax filing season, and I’m going to pull out all the stops to get that done.”

Many businesses were drastically affected when the Tax Cuts and Jobs Act (TCJA) came into effect, requiring research and experimental (R&E) costs to be amortized rather than expensed. This legislation required domestic expenditure to be amortized over 5 years and foreign expenditure to be amortized over 15 years.

U.S. Senator Maggie Hassan (D–NH) originally introduced the bipartisan legislation to restore the R&D deduction. Now, in an announcement made on January 16, Hassan has released a statement on the bipartisan tax deal.

“The bipartisan deal we have reached to restore the R&D tax deduction and provide a tailored expansion of the child tax credit will help drive innovation here in America and help children and families thrive. I have been strongly pushing to incentivize American R&D since first introducing bipartisan legislation in 2020 to restore the R&D deduction, and with the clear growing bipartisan support in both the Senate and the House, I will keep working with my colleagues and the business community to get this deal done.”

A technical summary of the entire bill can be found here, and goes into detail for efforts into American Innovation and Growth as well as Tax Relief for Working Families and Increasing Global Competitiveness, amongst others.

A summary of the bill covering American Innovation and Growth follows.

Currently, R&E expenses paid or incurred in tax years beginning after December 31, 2021, are required to be deducted over a five-year period. The new provision will delay the date when taxpayers must begin deducting their domestic R&E costs until taxable years beginning after December 31, 2025. Therefore, taxpayers may deduct currently domestic research or experimental costs that are paid or incurred in tax years beginning after December 31, 2021, and before January 1, 2026. 

With the House scheduled to be in recess during the week of January 22, the earliest the House could hold a floor vote would be the week of January 29. The legislation may be a candidate for the “suspension” calendar, requiring a two-thirds majority vote for passage. The House currently is composed of 220 Republicans and 213 Democrats (with two vacant seats that had been held by Republicans). A two-thirds majority vote would require the bipartisan support of at least 286 House members.

If passed, this could bring relief to spring filers, removing amortization requirements for 2023 timely-filed Spring filers.

Are you developing new technology for an existing application? Did you know your development work could be eligible for the R&D Tax Credit and you can receive up to 14% back on your expenses? Even if your development isn’t successful your work may still qualify for R&D credits (i.e. you don’t need to have a patent to qualify). To find out more, please contact a Swanson Reed R&D Specialist today or check out our free online eligibility test.

Who We Are:

Swanson Reed is one of the U.S.’ largest Specialist R&D tax advisory firms. We manage all facets of the R&D tax credit program, from claim preparation and audit compliance to claim disputes.

Swanson Reed regularly hosts free webinars and provides free IRS CE and CPE credits for CPAs. For more information please visit us at www.swansonreed.com/webinars or contact your usual Swanson Reed representative.