R & D
Tax Credit Information

What is an R&D Tax Credit?

The Research and Development (R&D) Tax Credit is a tax incentive that 38 state governments have in place to encourage U.S. businesses to invest in research and development, and push innovation forward. It allows businesses to claim a credit against their annual taxes for qualified expenses related to research and development activities. These activities typically involve developing or improving products, processes, or software.

The R&D Tax Credit specifically aims to stimulate innovation across various industries by reducing tax liabilities across several innovative industries. This, in turn, encourages companies to allocate more resources to R&D, leading to technological advancements, increased global competitiveness, and U.S. economic growth.

Qualified expenses eligible for the R&D Tax Credit include wages for employees directly engaged in R&D activities, costs of supplies and materials consumed in the R&D process, and expenses associated with contractor-led research performed on behalf of the company. Certain overhead expenses and costs associated with conducting clinical trials may also qualify for the R&D tax credit.

It’s important to note that eligibility criteria for the R&D Tax Credit vary by state and jurisdiction. In most states, eligible research and development activities must meet specific criteria outlined by the Internal Revenue Service (IRS). Generally, the research must be technological in nature (ie based in hard sciences, including computer science), involve a process of experimentation, and seek to develop new or improved functionality, performance, reliability, or quality relating to a product or process.


Claiming the R&D Tax Credit typically involves documenting eligible expenses and activities in compliance with state and federal tax laws and regulations. Most business will benefit from working with tax professionals or tax attorneys that specialize in the R&D tax credit to make sure their documentation is filed accurately to maximize their tax savings.

The R&D Tax Credit is a powerful tool for promoting innovation and driving economic growth by incentivizing businesses to invest in research and development activities in their industries.

Research and Development Tax Credit Compliance

When claiming IRS research and development tax credits, it’s important to have professional guidance to make sure claiming businesses and their owners are in full compliance with relevant federal and state regulations. Your approach to calculating the R&D tax credit should be very thorough and have supporting documents to protect our client’s interests. Your supporting documents should have records to provide an evidentiary nexus between each R&D expense and the corresponding credits generated.

How do R and D Tax Credits Work?

Companies can confirm if they qualify for R&D tax credits with professional assistance from an experienced R&D credit specialist, CPA, or tax attorney. Qualified professionals can review their business’s expenses and confirm if they meet the qualifications for research and development activities. In addition to qualifying expenses, R&D specialists can calculate the R&D credits, which can be quantified in multiple ways to maximize the benefit for qualifying taxpayers. These R&D tax credits reduce the company’s tax burden by directly offsetting their annual tax liability. Some states offer refundable credits as well. The calculation of federal R&D credits must take into account various factors pertaining to the company’s operations and expenditures and be compliant with all state and federal laws.

Businesses can accrue R&D tax credits annually through qualifying expenses incurred on wages, supplies, and contractors, enabling them to reclaim approximately 10% of their yearly research and development costs. Importantly, these credits can be retroactively applied to tax returns from the previous three years, with any remaining credits carried forward for up to 20 years.

R&D tax credits hold substantial value for businesses big and small, from early startups to established corporations. These R&D tax credits help alleviate the financial burden associated with research and development expenses while promoting economic feasibility, innovation, and expansion.

Furthermore, under a favorable provision in the federal tax code, R&D credits can now offset up to $250,000 in payroll tax liability annually, which is specifically a benefit for startups in their first five years. These early pre-profitability stage start-ups are often not generating income tax liabilities, but are subject to payroll tax exposure. These companies can leverage R&D tax credits to mitigate early-stage financial strains. As businesses transition into profitability, these tax credits continue to serve as a valuable tool for reducing income tax liability.

It is important that you find a professional that has the experience, industry insight, accounting understanding, and legal proficiency to provide an efficient and comprehensive solution for optimizing you R&D tax credits.

What qualifies for a Research and Development Tax Credit?

The Internal Revenue Code, along with additional guidance from the Internal Revenue Service (IRS), defines Research & Development as:

  • Activity aimed at developing new or enhancing existing products, processes, formulas, inventions, software, or techniques.
  • Intended to resolve uncertainty regarding the final product design, methods to achieve the desired outcome, or the project’s capability to achieve the intended result.
  • Involving an iterative process of experimentation or trial & error to achieve the desired objective.
  • Technological or rooted in hard sciences (such as mathematics, computer science, chemistry, biology, physics, etc.).

 

Business owners are often surprised to find that their routine, everyday operations qualify for R&D tax credits. The tax regulations don’t mandate that taxpayers create groundbreaking, patentable inventions to be eligible for R&D tax credits. The IRS’s research and development tax credit encourages U.S. firms to continually enhance their products and services and generate employment opportunities in the country.

Companies engaged in research and development activities across various sectors like manufacturing, software/technology/blockchain, architecture, engineering, government contracting, agriculture (including hemp), biotechnology/pharmaceuticals, food & beverage, brewing, distilling, and winemaking are likely eligible for R&D tax credits.

How can your business benefit from the R&D tax credit?

Qualifying businesses can substantially decrease their yearly tax liability by leveraging R&D tax credits. Various entity types, including LLCs, Partnerships, S-Corps, and C-Corps, are eligible for R&D tax credits. However, the format required to claim R&D tax credits may differ for each entity type. For instance, credits claimed on Form 1120 reduce a C-Corp’s tax liability at the entity level, while those claimed on Form 1120-S pass through to each shareholder’s tax returns (1040s) to decrease tax liability at the shareholder level.

The first step for claiming an R&D credit involves identifying and validating specific personnel and activities within the business that meet the requirements for “research and development”. This requires expertise in industry-specific activities, a thorough understanding of IRC Sections 41 and 174, and published IRS guidance. Once qualifying research and development personnel and business activities are identified, it’s essential to determine the associated wages, supplies, and contractor expenses contributing to the R&D credit calculation.

A few different R&D credit calculation methodologies are available, each with different input requirements. Some methods reference a historical base period, while others rely solely on information from the past three years of activity. The best R&D tax credit calculation methodology to use depends on several factors relating to your specific business. Once your tax professional makes the R&D tax credit calculation, the IRS Form 6765 must be completed.

Subsequently, appropriate documentation must be compiled to validate the taxpayer’s credit claims. This requires generating a detailed report outlining the methodology used to claim credits in all relevant tax years. The essence of this report is to establish a connection between the personnel engaged in qualifying R&D activities, the qualified projects they participated in, and the expenses associated with those projects (i.e., wages, supplies, contractors). This report finalizes substantiating the taxpayer’s research and development claim for each tax year benefiting from the credit.

How can my business claim an R&D Tax Credit?

There are two main ways businesses can go about claiming the R&D credit. First, some Certified Public Accounting (CPA) firms have specialized internal teams dedicated to processing research and development tax credits. If your business already engages one of these firms for accounting or audit services, you may have them confirm if your business activities qualify for R&D credits.

Alternatively, numerous businesses choose to enlist the services of R&D specialists such as Endeavor Advisors to secure R&D tax credits for them. This approach is favored by many CPA firms and taxpayers due to the specialized knowledge and up-to-date understanding of the R&D credit landscape possessed by these specialists, along with their familiarity with IRS requirements and legal protection.

Successfully claiming R&D credits requires a deep understanding of industry practices and legal requirements to complete a credit study accurately. Also, the R&D tax credit calculation methods undergo periodic updates, and the IRS regularly issues guidance on navigating the intricacies of the credit. Consequently, meticulous documentation and substantiation of each claimed dollar in each tax year is imperative.

The R&D credit is claimed on IRS Form 6765 in your tax filings. The effort and diligence required to claim credits must be undertaken annually to validate R&D claims. This process, which can span weeks or months depending on study complexity and business size, must be carefully submitted before filing deadlines each year. Additionally, each state has its own filing forms and requirements. An experienced R&D advisory team ensures your business meets all requirements while conducting an R&D study.

R&D Tax Credit Calculation

The Research & Development Tax Credit, also known as the Credit For Increasing Research Activities, offers two core calculation methodologies: the regular credit and the alternative simplified credit. Fundamentally, this credit measures the increase in current-year qualifying R&D activities compared to a prior period. Before delving into the specifics of these methods, let’s discuss the core components of the R&D tax credit calculation.

Both calculation methods rely on Qualified Research Expenses (QREs) from the current tax year and a historical base period. The regular method awards a 20% credit for the incremental increase in R&D activity, while the alternative simplified method offers a 14% credit. Depending on the taxpayer’s financial history, the base amount for the regular method can date back to the 1980s, with two calculation options based on different timeframes.

The alternative simplified credit (ASC) differs by using a base amount calculated from more recent years and excluding gross receipts. It provides a 14% credit for the incremental increase in QREs over the average of the previous three years. The ASC benefits newer companies lacking historical financial records or those with skewed Gross Receipts-to-Qualified Research Expenses ratios.
Despite its name, the R&D credit can be generated even with flat R&D spending due to built-in safeguards in the calculation. However, there are limitations to consider, such as the Fixed Base Percentage limitation, which ensures the fixed base percentage is at most 16% or falls below 50% of the current year’s QREs. Additionally, the startup provision allows certain companies in their first five years of revenue generation to offset payroll taxes, capped at $250,000. It’s essential to understand these limitations when claiming R&D credits.

R&D Tax Credit Documentation Requirements

The federal R&D credit is processed through IRS Form 6765, requiring thorough documentation supporting qualifying R&D activities and credit amounts. For businesses, this includes providing evidence supporting each dollar claimed in the credit, validating that the inputs align with eligible R&D endeavors. Despite the necessity for documentation, the IRS offers flexibility in the types of evidence accepted. Time tracking data, for instance, is optional, with reasonable estimates of R&D expenses deemed acceptable.

The key takeaway is that while documentation, holds significant importance, its provision leaves room for flexibility. Your R&D advisors should adeptly determine the documentation required for each R&D expense, often conducting interviews with knowledgeable managers and owners to confirm reasonable R&D estimates. Ultimately, the goal is to produce a comprehensive report that effectively substantiates credit figures, expenses, and elections for inclusion in Form 6567 or state tax filings.

Which states qualify for R&D tax credits?

At present, 38 states in the United States operate active R&D tax credit programs, while 12 states do not. These state-level initiatives offer substantial tax incentives to businesses engaged in research and development activities. By implementing R&D tax credits, states aim to incentivize and acknowledge companies’ efforts to drive creativity and innovation within their jurisdictions. This benefits local communities and contributes to societal progress on a broader scale. Below is an updated list of U.S. states with active R&D tax credit programs.

  • Alabama

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa

  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland,
  • Massachusetts

  • Michigan
  • Minnesota
  • Mississippi
  • Nebraska
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Wisconsin.

Inactive R&D Tax Credit States

  • Missouri

  • Montana
  • Nevada

  • North Carolina
  • Oklahoma
  • Oregon
  • South Dakota,
  • Tennessee
  • Washington D.C.
  • Washington, 
West
  • Virginia

  • Wyoming.

 

The key takeaway is that while documentation, holds significant importance, its provision leaves room for flexibility. Your R&D advisors should adeptly determine the documentation required for each R&D expense, often conducting interviews with knowledgeable managers and owners to confirm reasonable R&D estimates. Ultimately, the goal is to produce a comprehensive report that effectively substantiates credit figures, expenses, and elections for inclusion in Form 6567 or state tax filings.

When can you Claim the R&D Tax Credit?

Taxpayers have the flexibility to claim R&D credits before tax filing and can retroactively claim credits for up to the previous three years of tax returns. It’s important to start the R&D analysis well before filing deadlines for current tax years to ensure timely completion of Form 6765 with proper supporting documentation. The process typically entails critical correspondence between your R&D tax professionals and clients to identify qualifying activity and personnel. After exchanging initial financial information and conducting an introductory call, the bulk of the work resides with your R&D tax credit team. They prepare pro forma forms for filing and compile the final report to substantiate the credit claim. Typically, your tax advisors can complete an R&D audit from start to finish in approximately one month.

R&D Tax Credit Carryforward

What is the concept of a tax credit carryforward?

Tax credit carryforwards refer to credits accumulated in a specific tax year but deferred for offsetting tax liabilities in subsequent years. Suppose a taxpayer accumulates more credits than needed (i.e. more tax credits than tax liability amount) in a particular tax year. In that case, these excess credits are carried back one year and then carried forward for up to 20 years to mitigate tax obligations in those years.

How does the research and development tax credit carry forward work?

Carry forward and carry back credits are accounted for on the Form 3800. It is essential to evaluate the taxpayer’s current and prospective tax liabilities to determine the optimal timing and utilization of R&D credits. Your R&D tax advisors can assist business owners in identifying qualifying R&D activities, estimating credit amounts, and forecasting the ability to use the credits. While many companies apply credits immediately upon generation to reduce tax liabilities, careful planning ensures the strategic utilization of R&D credits over time.

How long can the R&D tax credit be carried forward?

The federal R&D tax credit can be carried forward for up to 20 years. State regulations vary with respect to carry forwards.

Frequently Asked Questions

What qualifies as research and development?

The 4-part test delineating R&D activity identifies qualifying endeavors as follows:

  1. Engaging in activities to either create a new or enhance existing products, processes, formulas, inventions, software, or techniques.
  2. Addressing uncertainties about the final design of a product, the methodology to achieve desired outcomes, or the capability to attain project objectives
  3. Employing an iterative process involving experimentation or trial and error to attain desired outcomes
  4. Exhibiting a technological nature or being grounded in hard sciences such as mathematics, computer science, chemistry, biology, physics, and similar disciplines.

The R&D credit claims you make are directly tied to your yearly R&D expenditures. Typically, taxpayers can recover 7-10% of their annual R&D spending through these credits. Consequently, the primary constraint in many instances is the level of qualifying R&D expenditure. However, for startups (within their initial five years of revenue generation and with gross sales under $50 million) aiming to offset payroll taxes using R&D credits, a statutory cap limits the claim amount to $250,000 per year.

Businesses operating in various sectors, including manufacturing, technology, software, blockchain, architecture, and engineering, as well as those involved in government contracting (defense, aviation, space, satellite, etc.), systems integration, agriculture, industrial hemp, winemaking, brewing and distilling, and software development often meet the criteria for research and development tax credits.

The credit amount is contingent upon the taxpayer’s yearly qualifying R&D expenditure. Typically, the credit amounts to approximately 10% of a company’s eligible R&D spending annually.

Taxpayers can claim credits for each year they engage in qualifying activities and accrue R&D expenses, including eligible wages, supplies, and contractor costs.

Typically, you can secure research and development tax credits for the previous three years of tax returns to apply for refunds. However, specific states may have statutes extending up to four years, enabling you to claim additional credits.

No, IRS reviews for taxpayers claiming R&D credits align with national averages for all taxpayers. However, it’s critical to conduct an accurate R&D audit to correctly make sure you are in compliance with current IRS and state tax laws, which change almost annually, to provide proper evidence for R&D claims.