The US 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 US R&D tax credit has been around since 1981.
However, it has never been permanent – it would periodically expire and be renewed by Congress. Companies wishing to include this in their long-term budgeting plans couldn’t count on the credit being around for certain. Additionally, many companies couldn’t benefit from the credit since they didn’t owe federal income tax or were subject to the alternative minimum tax (AMT).
In 2015, the Congress made the R&D tax credit permanent and also made key changes so that more companies can benefit from the credit. Here is a summary of those changes:
1. Apply it to to offset AMT
Starting January 1, 2016 the R&D tax credit can be used to offset AMT. This is applicable for eligible small businesses (less than $50 million in average revenue for the 3 preceding years). Prior to this change in legislation the credit could only be used to offset regular tax.
2. Apply it to payroll taxes
Starting January 1, 2016 the R&D tax credit can be applied to the employer portion of payroll tax up to $250,000 for each fiscal year. Prior to the change in legislation R&D tax credits could not be applied to payroll taxes.
Since the R&D tax credit can now be used to offset AMT and be applied to payroll taxes, it will benefit many more small and medium sized companies who are doing qualified work.
3. What work qualifies for the R&D tax credit?
Qualified research is work intended to achieve an innovation within a scientific or technological field. The R&D efforts must pass a 4-part test in order to be eligible:
- New or improved business component: the work must be done to develop a new or improved product or process.
- Technological uncertainty: the work must be done in order to resolve technological uncertainty. A technological uncertainty exists if publically available information and knowledge cannot be applied to achieve the desired result.
- Systematic process: the work must be done in a systematic process to evaluate one or more alternatives to achieve
- Technological in nature: the work must be within the physical or biological sciences, engineering or computer science.
If you’ve never claimed the US R&D tax credit previously either because you didn’t think you qualified or you couldn’t use the credits, it’s a great time to re-consider. The changes to the R&D tax credit have opened it up to far more small and midsize companies.
4. How much of my R&D costs can I recover?
Let’s look at California as an example.
- Federal portion – 6% of eligible expenditures or 14% of half of the average R&D expenditures over the past three years – this may yield a much higher credit (if expenditures remain constant over a three year period it results in a 10% credit)
- State portion – 15% of eligible expenditures, calculated as 15% of half of the average R&D expenditures over the past three years