It is important to have an understanding of the complexities surrounding Research and Development (R&D) expenses and their amortization in the evolving business tax environment we have today. Beginning in 2022, new regulations stipulate that these expenses need to be accounted for as assets and spread out over a period of five years.

This change in the deduction policy has far-reaching consequences for businesses of all sizes. Our article delves into these changes, providing insights on navigating this new terrain, minimizing its impact, and effectively managing your R&D expenses for long-term financial success.

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What Does Amortization Mean?

Amortization refers to the process of spreading out costs over a period allowing for a balanced distribution of expenses and reducing their immediate impact on your income. This approach can be applied to assets, including patents or research and development projects. When businesses recognize all costs associated with these assets at once, they can divide them into portions over a predetermined time frame.

What Are R&D Expenses?

R&D expenses refer to any costs incurred in developing and enhancing products, hardware, or processes within an organization. It may include research, design, prototyping, testing, and engineering. These costs can be extremely costly for businesses of all sizes and should not be taken lightly.

How Does Amortization Affect R&D Expenses?

The new rules mandate that these costs must now be capitalized over a minimum of five years for domestic and 15 years for foreign-incurred R&D (Section 174 Rule). This means businesses must divide their R&D expenses equally over the amortization period and deduct them from their taxable income accordingly.

While this may initially seem like an unfavorable move for companies, it can lead to long-term financial savings in the form of reduced taxes.

It’s important to highlight that this change to Section 174 did not impact the Section 41 rules pertaining to R&D tax credits. The determination of qualified research expenditures remains unchanged.

It Affects All Industries

When we think of R&D, images of scientists in white coats in laboratories often come to mind. While this is not incorrect, the scope of R&D activities covered by Section 174 extends beyond industries like life sciences and technology. It spans all industries, including manufacturing, government contracting, and financial institutions.

How To Determine R&D Expenses

Research and Development (R&D) expenses are critical to many businesses’ financial landscapes, particularly those in industries that prioritize innovation. Understanding what constitutes an R&D expense can be crucial to accurate financial planning and tax compliance.

R&D expenses are not categorized by the type of costs but rather by the activities undertaken by the taxpayer. If a taxpayer is developing a new or improved product or service or developing software, they will likely incur R&D expenses.

For instance, if a taxpayer is uncertain about whether the intended functionality or capability of a product or service can be developed or unsure about the appropriate design needed to achieve this functionality or capability, they would typically undergo a process of experimentation to resolve this uncertainty. This process, which is technological in nature, can give rise to R&D expenses.

Some typical project expenditures that may need to be capitalized as R&D expenses include:

Researchers’ wages
Contract research expenditures
Direct research supervisor wages
The total cost of supplies
Overhead expenses like rent and utilities
Depreciation on used equipment

Professional advice is always recommended to ensure accurate and compliant financial reporting.

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How It Impacts Software Development

Software development is now recognized as a critical function across various industries. In fact, software development is now statutorily defined in Section 174 as a Research and Development (R&D) expenditure, underscoring its importance in business operations.

The impact of software development on businesses is profound. It allows companies to streamline processes, increase efficiency, and improve productivity through automation1. Custom software solutions can also be tailored to meet specific business needs, enabling organizations to achieve successful digital transformation.

Furthermore, software development can significantly contribute to business growth. A comprehensive analysis found that software contributed more than USD 1.14 trillion to the total US value-added GDP, highlighting the economic impact of the software industry.

Interestingly, many businesses may not realize they are engaging in R&D activities through their software development efforts. These activities can often be overlooked because the company does not identify as a software developer.

For instance, a grocery store that develops a mobile app or website functionality to enable sales or creates internal accounting systems for delivering goods or services, is conducting software development.

State and Local Tax

The impact of Section 174 on state and local tax is intricate and varies widely based on each state’s level of conformity to the federal tax code. Some states automatically adapt to changes in the federal regulation for their state income tax purposes, known as ‘rolling conformity states.’

Others have fixed-date conformity or only conform to specifically enumerated provisions, making it crucial to examine state-by-state.

Conformity to TCJA

Understanding whether a state conforms to the TCJA changes made to Section 174 is essential. While most states have updated their conformity dates or specific provisions to incorporate changes made by the TCJA or conform to the provisions through rolling conformity to the federal code, not all do so.

Tennessee, for example, has enacted specific legislation to decouple from the federal capitalization requirements under Section 174 and allow state-level current expensing.

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Understanding Section 174

As we navigate through the complex terrain of R&D expenses and their amortization, it’s clear that the changes brought about by the TCJA, particularly in relation to Section 174, have far-reaching implications. The shift from immediate deductibility to capitalization and amortization affects all industries and requires careful consideration at both federal and state levels.

These complexities underscore the importance of proactive tax planning and seeking professional advice. As the landscape evolves, staying informed and adaptable will be key to navigating these changes successfully. Understanding the nuances of R&D amortization is not just about compliance—it’s about strategically managing your expenses and optimizing your financial success in the long term.