Taxpayers face significant changes in the treatment of research or experimental (R&E) expenditures under Section 174 due to the Tax Cuts and Jobs Act (TCJA). This article explores the implications of the new capitalization rules and provides guidance on documenting R&E expenses accurately for tax purposes.

Table of Contents

Understanding the Changes

The TCJA introduced changes that require taxpayers to capitalize and amortize all R&E expenditures for their trade or business. Previously, these costs were deductible in the year they were paid or incurred. Under the new guidelines, R&E expenses incurred outside the United States must be amortized over 15 years using the midyear convention, while those incurred inside the United States must be amortized over 5 years. These changes have significant implications for businesses, as they impact tax planning, cash flow, and financial reporting.

Identifying Affected Expenditures

To comply with the new capitalization rules, taxpayers must carefully analyze and revise their methodology for determining Section 174 costs. It is essential to identify costs that qualify as R&E expenses according to the regulations. These can include salaries of employees involved in R&E activities, laboratory materials, depreciation on buildings used for R&D, and other direct expenses. Gathering data from historical Section 174 computations, qualified research expenses (QREs) under Section 41, and ASC 730 “book” R&D expenses can provide valuable insights into this process.

Defining Section 174 R&E Costs

Section 174 defines R&E costs as expenses incurred to eliminate uncertainty in the development or improvement of a product, process, software, technique, formula, or invention. To qualify, these costs must be used in connection with the taxpayer’s trade or business. In addition to salaries and laboratory materials, expenses such as power costs, prototypes, models, attorney fees, and depreciation on buildings directly related to R&D projects can be considered Section 174 expenses. The regulations provide further guidance on qualifying expenditures.

Considerations for Section 41 QREs and ASC 730

Taxpayers must align Section 41 QREs and ASC 730 “book” R&D expenses with the Section 174 requirements. Section 41 allows certain R&D costs as QREs, including wages, supplies, and contract research expenses. ASC 730, on the other hand, requires the recognition of all R&D costs as expenses as incurred. Reconciling these different sets of costs with the requirements of Section 174 can be complex but is necessary for accurate documentation. Taxpayers should assess which costs can be included under Section 174 and ensure proper documentation to support their eligibility.

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Other Important Considerations:

Implementing the Section 174 capitalization requirement involves several additional considerations:

Identifying Section 174 Expenditures: Taxpayers should develop a process for identifying and tracking Section 174 expenditures. This may involve evaluating costs at various levels, such as location or department, and considering direct and indirect costs associated with the research. Implementing proper internal controls and contemporaneously tracking costs can help streamline the identification process.
Timing of the R&E Benefit: With the new rules, R&E costs can no longer be fully deducted in the year they are incurred. Instead, they must be amortized over the designated periods. This timing difference can impact cash flow and funding activities, especially for projects with short development lifecycles. Taxpayers should carefully plan and budget for the reduced benefit in the current year and future years.
Changes to Tax Planning: Taxpayers will need to reevaluate their tax planning strategies to adapt to the new capitalization rules. Strategies that relied on previous deductions for R&E expenditures, such as Rev. Proc. 2000-50 for software development costs or Section 59(e) for amortization over 10 years, may need to be revised. It is crucial to review and update tax planning approaches to align with the current requirements.
Change in Accounting Method: The IRS has provided guidance for taxpayers to change their accounting method to comply with the new capitalization and amortization rules. Taxpayers can file a statement with their federal income tax return instead of a formal Form 3115, Application for Change in Accounting Method. This administrative relief streamlines the process, but taxpayers should ensure they meet the criteria and follow the prescribed procedures.
Impact on Research Credits: The changes in Section 174 also impact the computation of research credits under Section 41. To be includible in the research credit calculation, costs must be treated as Section 174 capitalized costs. Any decrease in costs treated as Section 174 could result in a limited or no research credit, depending on the taxpayer’s situation.
International Tax Impact: The new rules can have implications for various international tax calculations, including base erosion and anti-abuse tax, global intangible low-taxed income, foreign tax credits, and foreign-derived intangible income. Taxpayers should assess how the changes in Section 174 interact with these international tax provisions and consider their impact on overall tax planning.
Interest Deduction Limitations: Taxpayers should consider the impact of the Section 174 provisions on the computation of the limitation on the interest deduction under Section 163(j). The changes in R&E expense treatment may affect the interest expense limitation calculations and require adjustments to ensure accurate and compliant reporting.
State and Local Tax Impact: Section 174 changes may have implications for state and local tax liabilities. Increased federal taxable income resulting from the capitalization and amortization of R&E costs can impact state tax calculations that conform to or reference federal tax laws. Taxpayers should evaluate how their state tax laws align with the new rules and consider potential changes in their state tax liabilities.

Next Steps

To navigate the changes effectively and ensure compliance, taxpayers should establish a methodology for identifying and tracking all R&E expenditures under the new Section 174 capitalization requirement. This undertaking requires careful consideration, documentation, and coordination with other tax provisions, such as Section 41 QREs and ASC 730 “book” R&D expenses. Establishing robust internal controls, implementing proper data collection processes, and consulting with tax professionals can help taxpayers meet the documentation requirements and maximize available deductions.

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Documenting R&E Expenses Correctly

The TCJA’s impact on R&E expense treatment necessitates accurate documentation and compliance with the new capitalization rules. Taxpayers must navigate the changes, identify qualifying expenditures, and establish proper methodologies to ensure they meet the Section 174 requirements. By documenting R&E expenses accurately and in alignment with Section 174, taxpayers can confidently navigate this tax season, maximize deductions, and maintain compliance with the updated tax regulations.