If your firm is investing in new or improved processes, integrations, or client-facing software experiences, you may be leaving tax savings on the table.
*Educational content only — consult your tax advisor
The R&D tax credit is a tax incentive designed to encourage research activities relating to developing or improving products, processes or software. It was introduced in 1981 by the federal government and was later made permanent by Congress through the Protecting Americans from Tax Hikes (PATH) Act in 2015.
The rules for the R&D tax credit are outlined in Section 41 of the Internal Revenue Code. Essentially, the credit is available for eligible expenses incurred on specific forms of research, known as Qualifying Research Activities. Businesses across all industries that attempt to use scientific principles to innovate or make improvements could be eligible, which means the rewards aren’t just for large corporations with big R&D departments.
Benefits vary depending on the specific business.
For profit-making entities, R&D tax credits translate to dollar-for-dollar reduction in federal income tax liability. Eligible small businesses (ESBs) can apply them against alternative minimum tax (AMT) liability as well. Put simply, ESBs are businesses with an average of $50 million or less in gross receipts in the preceding three years.
A qualifying small business (QSB), on the other hand, can use some or all of its credits to offset payroll tax obligations up to a maximum of $250,000 until December 31, 2022; after that, the Inflation Reduction Act increased the election to $500,000. QSBs tend to be start-ups that are less than five years old and have current-year gross receipts of less than $5 million. The payroll tax offset effectively lowers staff costs without reducing headcount or salaries. It also means that you don’t have to be making profits to utilize tax credits.
Unused credits can be carried forward for 20 years and applied against future years’ taxes. This carry-forward feature is vital for maintaining cash flow at times when available funds are lean.

For many businesses, credits can reduce federal income tax liability.

Certain qualified small businesses can apply R&D credits against payroll tax, with an increased election amount up to $500,000.

Failed or abandoned experiments can still count—what matters is the technical process and documentation.
The R&D tax credit is only available for eligible expenses relating to Qualifying Research Activities (QRAs).
QRAs are those that meet the four-part test set out by the IRS.

The activity is undertaken for the purpose of developing or improving a product or process. You’re trying to enhance its reliability, speed, quality, cost-efficiency or another performance factor.

The activity aims to resolve technical uncertainties associated with improving or developing your product or process. You're asking "how", not just designing a checklist.

There is a process of experimentation involved to determine the best way forward, and your progress can be traced back to trial and error, modeling, simulation, prototyping or some other experiment.

Your process of experimentation relies on hard sciences or scientific principles, like physics, engineering, computer science or chemistry.
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Software development that enables a company to interact with a third party, such as a customer or vendor, are no longer subject to additional qualifying criteria. As a result, businesses in all industries can claim the R&D tax credit for these activities more easily.
A common reason firms avoid exploring R&D credits is the perceived documentation lift. But the documentation the IRS expects often overlaps with what high-performing teams already maintain.



Be sure to consult your tax professional to see how this credit could impact your individual situation.
The federal R&D tax credit is available to all businesses that apply innovation. Below are examples of how businesses in some industries might qualify for the federal incentive.
Manufacturing and Distribution
In the sales and design phase, a qualifying activity may relate to developing a new product or improving an existing product. When in production, creating specialized tools or changing engineering processes may be eligible. In the distribution phase, crafting new packaging materials or ways of packaging could qualify.
Construction and Real Estate
Examples of qualifying activities include finding ways to meet a new building code, reducing excessive noise or constructing a greener building.
Natural Resources
Improving exploration, mining and cleanup processes by experimenting with technology, equipment or procedures could be eligible.
Technology and Life Sciences
Design, lab work, analysis and refinement of new products or experiments may qualify for the R&D tax credit.
Transportation
Experimenting with new safety equipment or more efficient engines, improving loading equipment or processes, enhancing dispatching or routing technology could potentially qualify.
đź’ˇA Note on Software Development:
Software development activities that enable a company to interact with a third party, such as a customer or vendor, are no longer subject to additional qualifying criteria. As a result, businesses in all industries can claim the R&D tax credit for these activities more easily.
Typical ranges cited are 5–10 cents per dollar of qualified expenses (varies widely by myriad facets).
According to the IRS in Section 41(b), R&D Tax Credit qualified expenses are the costs a company pays in association with conducting research activities that will fit within the stipulations of the R&D Tax Credit.
Qualified research expenses include:
It’s important to note that, while they may qualify, these expenses may not be covered in full by the Research and Development Tax Credit.
Certain R&D Tax Credit qualified expenses, such as contract labor, may only return a percentage of their cost through the credit, though savings can still be exponential.
Nope. In fact, the outcome doesn't need to be successful at all - such is the cost of research and testing, as some tests fail. Credits may be carried forward, and some qualified small businesses can use the payroll tax offset election (subject to eligibility).
You will need financial records showing the money you paid, business records demonstrating the activity’s purpose and a breakdown of qualified vs. non-qualified activities for expenses that relate to multiple purposes. All required documentation is part of the standard RIA Workflows buildout.
Claims are made using Form 6765 with the business's income tax return. Supporting documentation should be kept on file in case of audit.
If you have further questions or would like information tailored to your specific situation, it’s important to engage an experienced professional who can provide you with accurate advice.
If you're curious if your modernization plans could qualify, we'd love to chat.
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