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The OBBBA Revives R&D Tax Incentives for U.S. Businesses

The evolution of Research and Experimental (R&E) expenditures under tax legislation reflects their vital role in fostering innovation across industries. Traditionally, these costs have been deductible, offering enterprises a strategic advantage by lowering taxable incomes through immediate deductions.

The new One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, revitalizes this tradition. It permanently reestablishes the ability for companies to immediately deduct domestic R&E expenditures, overturning the previous restrictions of the Tax Cuts and Jobs Act (TCJA) of 2017. Under the newly minted Internal Revenue Code (IRC) Section 174A, the act revives a crucial incentive for U.S.-centric innovation while retaining stringent capital obligations for international research activities.

Defining R&E Costs— R&E expenses, synonymous with R&D costs, encompass expenses linked with product development and improvement, including software creation. Key cost elements are:

  • Salaries for R&D personnel.

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  • Expenditures on materials and supplies utilized in research.

  • Fees for external contractor research services.

  • Overhead costs tied to facilities and equipment, including rent, utilities, insurance, and maintenance used in R&D tasks.

The IRS frames these costs broadly to drive an array of innovative endeavors.

A Brief R&E Expensing History— Prior to the TCJA changes effective post-December 31, 2021, companies could opt to either deduct R&E expenses immediately or amortize them over at least five years under former Section 174. This flexibility offered significant financial relief to innovation-heavy enterprises.

The TCJA-mandated shift in 2022 necessitated the capitalization and amortization of all R&E costs over five years for domestic and 15 years for foreign research. For startups and pre-revenue firms, this meant deferred deductions translating into heavier tax liabilities.

Impact of OBBBA on R&E Expensing — With effectiveness for tax years starting after December 31, 2024, Section 174A redefines the domestic R&E expenditure landscape.

Domestic vs. Foreign Research

  • Domestic R&E Costs: The OBBBA reinstates 100% immediate deduction for these expenditures upon incurrence, resuming the advantageous pre-2022 status. Taxpayers may still choose to amortize these over at least five years.

  • Foreign R&E Costs: These remain subject to a 15-year amortization. Immediate recovery of any unamortized basis post-disposition after May 12, 2025, is disallowed. This distinguishes crucial strategic decision-making for global businesses weighing location advantages for tax benefits.

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Amortization Transition Options— The OBBBA provides relief for 2022-2024 capitalized expenses under TCJA standards. Opportunities include:

  • Option 1: Full Expensing (2025): Deduct the unamortized balance for domestic R&E costs entirely in 2025.

  • Option 2: Accelerated Amortization (Two-Year): Split and deduct these costs over two years starting in 2025.

  • Option 3: Continue Existing Amortization: Continue on the existing five-year schedule if preferred.

  • Eligible Small Businesses: Entities with averaged gross receipts under $31 million may amend returns retroactively from 2022 to reclaim prior taxes by fully expensing R&E costs, integrating with R&D credits.

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Integrated Tax Strategy—The updated R&E provisions intertwine significantly with NOLs, bonus depreciation, business interest deductions, and international tax protocols, which are all pivotal for holistic tax planning. Stakeholders must consider these together when assessing tax benefits in the 2025 landscape, ensuring expert evaluation of other emerging deductions.

Streamlining Accounting Transitions —The accounting conversion is an automatic shift, requiring less cumbersome compliance protocols. The IRS has issued guidance in Rev Proc 2025-28 to streamline this adjustment, allowing taxpayers to modify filings via declaration instead of traditional form complexities.

For your tailored tax strategy consultation, reach out to us. We can model your unique scenarios, aligning with provisions such as NOLs and interest deductions to maximize benefits effectively.

Schedule a Complimentary Consultation
Choose from our locations and meet with one of our qualified staff members. If you prefer to secure a Virtual Meeting via Zoom or Phone, please contact our offices at 877.908.1040
Schedule Here
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