THE APRIL 18TH TAX DEADLINE IS APPROACHING FAST
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By Stephen Yarbrough, Polk Advisors
5 min read
As the legislative session gets later into the year, time is running out for Congress to reverse course on the capitalization of R&D that will go into effect in 2023… and just when you thought you were getting ahead on your tax filings, a piece of new legislation goes and throws a monkey wrench in your process, am I right?
If you haven’t heard, the Tax Cuts and Jobs Act of 2017 included a change to tax deductions that affects R&D expenditures, after December 21, 2021. Prior to this R&D capitalization rule, startups didn’t need to worry about capitalizing R&D expenditures. Rather, this was more of an “add-on” for companies with qualified research and development expenses that claimed the R&D tax credit.
Well, it’s after December 21, 2021 now, so what does this mean for companies?
So it’s more than likely that companies are going to have to analyze their R&D expenditures in order to complete their 2022 tax returns. Well, unless Congress gets it together, but we’re not holding our breath on that..
Now, here’s where it gets even more complicated.
There are different definitions of R&D. For instance, the definition of R&D according to Accounting Standards Codification differs from the definition in Internal Revenue Code 174, Research for Tax deduction/capitalization; which differs from the definition of R&D in IRC 41, Research for Tax Credit. This article from Grant Thornton gives a great summary of these differences among other great information about R&D capitalization.
Another complicating factor: some states follow the same rules as federal tax law to determine income, and other states (such as California) lag federal tax law. This means companies in lagging states will not only have to capitalize and amortize R&D for the federal return, but they also need to reverse all those changes and deduct R&D for state tax purposes!
We get it, it’s a lot of information, which is why we will continue to update you on the R&D capitalization rules and what to expect.
For now, here are the main points you need to know about R&D capitalization:
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Tax Day 2023 is arriving at a precarious moment for innovative American companies. The last year has seen a wave of layoffs and a loss of value for many companies in industries like tech, manufacturing, and many other sectors. On top of that, changes to tax law with regard to R&D Capitalization have massively changed what companies will owe the IRS in April or October. That’s why it’s never been more beneficial for innovative companies to claim the R&D Tax Credit.
The federal R&D tax credit is a 10% cash-back credit for product development expenses. Startups with <$5M revenue and <5 years of revenue can apply up to $250k against payroll taxes. All companies can apply it against income taxes or carryforward. Neo.Tax has built a software solution that maximizes your credit and prepares your filing in <30 minutes.
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Here are four examples based on real companies to give you a better sense of the massive value of filing for the credit with Neo.Tax.
Based on new guidance from the IRS, it seems likely there will be a more stringent view of amended returns — the burden of proof is on the company and will need to be even more detailed — which means waiting to amend the returns may become more expensive and cumbersome going forward.
So, make sure to file your credit with your taxes (or to file an extension so you can get your R&D credit for this year). Book a call and we can walk you through all the ways to make R&D spend valuable for your innovative company!
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Even though R&D Capitalization was passed into law back in 2017 as a part of Former President Donald Trump’s Tax Cuts and Jobs Act (TCJA), almost everyone expected the massive tax law change to be repealed before it ever took effect. But for the last year-plus, we’ve been preparing for the possibility — which has become a reality — that R&D Capitalization is here to stay (at least for now).
Since September, we’ve written a collection of articles explaining The What, The Why, and The How-the-Heck-Do-I-Keep-My-Tax-Bill-Low of R&D Capitalization. We’ve also spent the year building the only software solution that solves for both R&D Tax Credit Filing and R&D Capitalization. So, book a call and we can talk you through any specific strategy questions.
Without further ado, Neo.Tax presents: Your Definitive Guide to R&D Capitalization…
The TCJA changed the way that R&D expenses can be deducted by American companies. Up until this Tax Year, R&D could be deducted all at once, meaning that innovative companies who spent on R&D would appear in the red both in their books and in the eyes of the IRS. However, the new law states that R&D expenses must be amortized over 5 or 15 years (depending on if the expenses are domestic or international). Therefore, only a fraction of a company’s R&D expenses can now be deducted in a given year.
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All of a sudden, pre-revenue startups will begin to appear in the black in the eyes of the IRS — so what would have been a valuable NOL will now be a hefty tax bill. And startups are not the only ones affected: CFOs from the largest American companies have warned Congress that this change will stifle innovation. Yelp’s effective tax rate will jump 20 percent this year compared to 2019 due to R&D Capitalization!
We’ve heard from many companies who are confused by the change. They ask: if we don’t file an R&D credit, do we still have to capitalize our R&D expenses? The short answer is YES. An accountant is responsible for making sure your filing is compliant with the law. R&D Capitalization is the law (at least for now). So, not amortizing your R&D expenses is not an option. In the event of an audit, the IRS may be inclined to disallow any R&D credit and/or re-calculate the expenses claimed.
So, as of now, any expense that can be categorized as an R&D expense must be amortized over 5 or 15 years whether or not you file for the R&D credit. Therefore, companies that forgo the money they’re owed in the form of a credit will simply be burdened with an even higher tax bill this year.
The true effect of the change is that it makes it imperative for innovative companies to commit to Tax Strategy year-round to minimize the impact on their tax bill. R&D expenditures that are considered “qualified expenses” can be claimed on an R&D credit; those that are not “qualified” now must be amortized. The difference between qualified and not qualified R&D spend come Tax Day? Almost 10x.
Okay, so, clearly it’s essential to maximize “qualified” expenses and minimize “non-qualified” R&D costs. But what is the difference between the two?
IRC §41 (Section 41) defined a “qualified” expense that can be claimed via the R&D Tax Credit as any R&D expense that passes the Four-Part Test: Permitted Purpose; Elimination of Uncertainty; Process of Experimentation; Technological in Nature. You can read more about the Four-Part Test here, but basically, these are expenses directly related to the creation of new products or novel uses of existing products (that includes wages, research expenses, supplies, and even cloud computing costs).
Now, IRC §174 (Section 174) defines the way companies must deal with all R&D expenses: both “qualified” and “non-qualified”. But obviously, the larger the percentage of your R&D spend that “qualifies” for an R&D credit, the smaller the amount that you’ll need to amortize. Examples of R&D costs that are not qualified (aka do not pass The Four-Part Test) include: R&D after commercial production; research for internal use only; research funded by a grant; and most research tied to social sciences, arts, and humanities.
To be an innovative company, R&D spend is essential. So, the key now is maximizing the percentage of that spend that qualifies for an R&D credit and minimizing the spend that must be amortized over 5 or 15 years.
As long as you’re a company doing business in the United States, you have to pay taxes in the United States. In many ways, the reason for this massive change to R&D taxes is an effort to move more research jobs and spending back into the United States.
The amortization structure is designed to punish R&D spend made outside of American borders. A quick example to explain why the 15-year amortization is so much more punitive than the 5-year amortization:
In its simplest form, a deduction can be thought of as an expense that is subtracted from taxable income. So, if you made $10M in revenue and spent $5M on R&D, deducting that amount would make your taxable income $5M ($10,000,000 minus $5,000,000). But under the new R&D capitalization rules, the amendment means the deduction must be amortized, or in simpler terms, spread over 5 or 15 years, depending if the expense is domestic or international, respectively. On top of that, Year 1 can only be amortized as half a year, so that means only one-tenth or one-thirtieth of the R&D expenses can be subtracted from the taxable income that first year.
So, if your company’s R&D occurred in the States, the equation becomes $10 mil minus $1M; if it’s done abroad, the equation becomes $10M minus $333,333.33. Eventually, over the 5 or 15 years, you will technically be able to deduct the same amount as before, but this obviously increases your tax bill in the near term by quite a bit. For the company that spent exclusively in the States — that’s a $9M taxable income; for the company that did R&D abroad, that’s $9.67M. With the 21% corporate tax rate, for Year 1 taxes, that’s an extra $140K!
This is the big question, and for now, the only responsible answer is: NOT YET.
For the last six months, there have been rumors that a deal is close, but none have come to fruition. Many CEOs, CFOs, and even accountants are keeping their fingers crossed, but, unfortunately, the Crossed Fingers Method is not IRS-compliant.
So, the safest route forward is to either file now and hope the law is repealed and companies are retroactively made whole for their 2022 or to file an extension, pay your quarterly taxes as if the law is still on the books, and then hope that your quarterly taxes are refunded if the law is eventually overturned. Either way, make sure to file an R&D credit when you file your taxes — they cannot be filed retroactively.
As anyone who has watched Washington these last five years knows: betting on compromise is a longshot wager. So, plan as if the law on the books is the law of the land, and get your books in order. And, remember: we’re here to help! So, book a call today.
If you’re a company involved in software, manufacturing, architecture, engineering, food, or construction, it’s very likely that you qualify for an R&D credit. It’s just as likely that you have expenditures that can be considered R&D spend.
Two things to remember…
Neo.Tax is the only software solution that solves for both R&D Capitalization and for R&D credit filing. Let us help you navigate this massive change. We’ve been deep in the weeds on this for 12 months; we’d love to walk you through the best way to maximize your credit and minimize the impact of capitalization!
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Some exciting news ahead of Tax Season: Neo.Tax just partnered with Bench, the accounting solution for startups!
So, what does that mean for you?
With Neo.Tax x Bench, you'll have everything you need in one place. From tax calculation and preparation to financial management and bookkeeping, we've got you covered. Our solution is designed to streamline your tax process and help you make informed financial decisions with confidence.
And there's more! Our R&D tax credit optimization tools can help you claim all eligible R&D tax credits and maximize your tax savings. With Neo.Tax x Bench, you'll have access to a team of tax experts who will guide you through the process and help you claim all the credits you're entitled to.
Bench offers bookkeeping, income tax prep, and filing done by experts so you can focus on growing your business. By partnering with Neo.Tax, Bench customers also get access to the only software solution that solves for both R&D filing and R&D Capitalization. Basically, Neo.Tax x Bench means your tax season just got a whole lot less stressful and a whole lot more valuable for your startup.
Extending runway has never been more important than at this precarious financial moment. And changes to the tax code that just went into place mean that tax strategy will be the difference between massive bills and valuable credits this April. Good accounting is an essential part of building a valuable innovative business. Neo.Tax x Bench can make it effortless for you!
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