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Revamping R&E Tax Strategies: Impact of the One Big Beautiful Bill Act

Research and Experimental (R&E) expenses have long served as a cornerstone for fostering innovation across various industries. Historically, these expenditures have been a means to incentivize progress, allowing businesses to immediately deduct expenses and thereby reduce taxable income. However, recent legislative changes are set to transform this landscape.

The enactment of the One Big Beautiful Bill Act (OBBBA) on July 4, 2025, reinstates the immediate deduction of domestic R&E expenses, reversing a previous shift brought by the Tax Cuts and Jobs Act (TCJA) of 2017. This crucial change is embedded within the new IRC Section 174A and reignites incentives for domestic innovation, while still imposing stringent rules on international R&E activities.

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Understanding R&E Expenses - Encompassing both Research and Development (R&D) costs, R&E expenses are broadly defined and typically cover the costs integral to product development and improvement, including software development. Typical costs may involve:

  • Wages for employees involved in R&E activities.
  • Material and supply costs used in research.
  • Fees for third-party research services.
  • Overhead expenses associated with facilities used in R&E, such as rent, utilities, insurance, and repairs.

The IRS's broad definition encourages a wide range of innovative activities.

A Brief History of R&E Expensing - Prior to changes from the TCJA, businesses could either immediately deduct R&E expenses or capitalize them over at least 60 months under former Section 174. The TCJA's amendments, effective from tax years after December 31, 2021, required capitalization and amortization of these expenses over five years domestically and 15 years for international research. This adjustment increased the tax burden on businesses, particularly affecting early-stage and pre-revenue companies.

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The Post-OBBBA Era - With the OBBBA in place, taxpayers can fully and immediately deduct 100% of domestic R&E expenditures from the year they occur, eliminating the exhaustive amortization period. Multinational companies must note, however, that the 15-year amortization requirement for foreign R&E remains intact, potentially prompting strategic shifts in research approaches to optimize tax outcomes.

Accelerating R&E Expenses - For R&E costs capitalized between 2022 and 2024, the OBBBA introduces transition options:

  • Option 1: Full Expensing in 2025 - Deduct the remaining unamortized balance in full within the 2025 tax year.
  • Option 2: Two-Year Amortization - Distribute the deduction over two years, taking 50% in 2025 and 50% in 2026.
  • Option 3: Continue Amortization - Maintain the existing five-year amortization schedule.
  • Eligible Small Businesses: Small firms with average annual gross receipts of $31 million or less can elect retroactive full expensing from December 31, 2021, by amending past returns to claim refunds. This election must be enacted by July 4, 2026.

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Integrating R&E Provisions with Broader Tax Strategy - The new R&E provisions intertwine with other Tax Code elements like Net Operating Losses (NOLs), bonus depreciation, and international taxes for larger firms. Engaging a strategic approach, taxpayers should assess these provisions in tandem to maximize outcomes, highlighting the need for thorough planning.

Seamless Accounting Changes - Recognized as an automatic accounting change, these amendments offer businesses a critical cash injection, simplifying compliance. Rev Proc 2025-28 outlines that taxpayers can implement changes by attaching a statement to their return in lieu of Form 3115.

For a tailored analysis of these new provisions and their impact on your business, particularly if you're considering retroactive tax amendments, contact our CPA team today. We provide strategic insights to navigate these legislative changes effectively.

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