R&D Tax Credits Explained

By: | 03/17/25

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Who Qualifies and How to Claim Them

Imagine a small tech startup developing groundbreaking software to streamline supply chain management. The team is passionate, the ideas are flowing, but there’s one major hurdle—funding. Like many companies pushing the boundaries of innovation, they face the challenge of covering the high costs of research and development (R&D). What many businesses don’t realize is that there’s a valuable tax incentive designed to ease this financial burden: the R&D Tax Credit. In this article, we’ll break down what R&D tax credits are, who qualifies, what expenses can be claimed, and how to successfully apply for them. Let’s get started.

Understanding R&D Tax Credits

The R&D Tax Credit, formally known as the Credit for Increasing Research Activities (26 U.S. Code §41), is a federal benefit designed to encourage innovation and stimulate investment in the development of new or improved products, processes, formulas, or software. Established in 1981, the tax credit helps businesses offset some of the costs associated with research and development, which can be a substantial financial burden, especially for small and medium-sized enterprises.

The primary aim of the R&D tax incentive is to reward companies that engage in innovative activities that drive technological and scientific advancements. Whether it’s developing new products, improving existing processes, or enhancing software systems, businesses that take on technical challenges are eligible for this incentive. Over time, the scope of the R&D Tax Credit has broadened to include many industries, ranging from manufacturing to food and beverage, aerospace, software development, and more. This program is not just for tech companies—it’s open to a wide variety of sectors.

The R&D Tax Credit isn’t limited to any one industry. In fact, it applies to virtually any business that undertakes innovative activities, provided the work is conducted within the U.S. or its territories. Some of the industries that commonly qualify for R&D tax credits include:

  • Aerospace
  • Agriculture
  • Architecture & Engineering
  • Automobile
  • Brewery
  • Cannabis
  • Chemical & Formula
  • Fabrication
  • Food & Beverage
  • Foundry
  • Life Sciences
  • Machining
  • Manufacturing
  • Software Development
  • Tool & Die Casting
  • Winery & Vineyard

The R&D tax credit incentivizes companies to enhance existing products or processes, develop prototypes, or solve engineering challenges that lead to new discoveries. The credit is designed to encourage companies to make the necessary investments to foster a culture of innovation, which ultimately benefits the broader economy.

Who Qualifies for R&D Tax Credits?

While the R&D Tax Credit is available across a variety of sectors, it’s important to note that not every business automatically qualifies. There are specific criteria that must be met to ensure eligibility. Broadly speaking, a company qualifies for the R&D tax credit if it performs research activities that aim to resolve technological uncertainties, improve processes, and develop new or enhanced business components.

The Four-Part Test

To determine whether your company qualifies for the R&D tax credit, you can use the four-part test. These four criteria help assess whether the activities performed by your business meet the requirements for claiming the Research and Development tax incentive:

  1. Permitted Purpose: The activity must aim to develop or improve a product, process, or design (business component) in terms of function, performance, reliability, or quality.
  2. Technological in Nature: The activity must be based on principles of physical science, biological science, engineering, or computer science. This ensures that the work being done involves technical challenges that require scientific or engineering knowledge to solve.
  3. Elimination of Uncertainty: The activity must be designed to resolve uncertainty in the development of a product or process. This uncertainty can be related to the capability, method, or design or the processes used to produce a new product.
  4. Process of Experimentation: The work must involve a systematic process of experimentation. This can include testing alternatives, evaluating designs, or refining methods to overcome technical challenges.

Excluded Activities

While many activities qualify for the R&D Tax Credit, there are certain activities that do not qualify. A few examples include:

  • Foreign Research: Research conducted outside of the U.S. does not qualify.
  • Funded Research: Research funded by a grant, contract, or third-party, including government entities.
  • Routine Testing: Testing for quality control or to ensure that a product meets standards isn’t considered research for tax credit purposes.
  • Market Research or Advertising: These activities are not related to the development of a product or process and, as such, do not qualify for the credit.

In essence, if your business is conducting activities that seek to create new knowledge, improve processes, or solve technological challenges, it’s worth investigating whether you qualify for the research and development tax incentive.

What Costs Can Be Claimed?

Once you’ve established that your business qualifies for the R&D tax credit, the next step is to identify the expenses that can be claimed. The R&D Tax Credit is based on Qualified Research Expenses (QREs), which are the costs directly related to the R&D activities of the business. Understanding what expenses are eligible is key to maximizing the amount of credit you can claim.

Eligible Expenses Include:

  1. Employee Wages: Salaries and wages for employees who directly engage in R&D activities, as well as those who supervise or support the R&D process.
  2. Supplies: The materials and supplies used during R&D activities. This can include non-depreciable items such as testing materials or raw materials for prototypes.
  3. Contract Research: Payments to contractors or third-party vendors who are performing R&D on behalf of the business, as long as the work is conducted within the U.S.
  4. Cloud Computing: Cloud-based services used for development and testing purposes, such as cloud hosting or data storage related to software development, can also be eligible.

By properly documenting these expenses, companies can ensure they claim the maximum amount of the research and development tax incentive.

How to Prepare and Claim R&D Tax Credits

The process of claiming R&D tax credits can be complex, requiring a thorough analysis of your company’s activities, expenses, and tax position. However, with careful preparation, businesses can successfully claim this valuable tax credit.

Step 1: Identify Qualifying Activities

The first step in preparing an R&D tax credit claim is to identify all qualifying activities that have been performed during the tax year. This involves reviewing your company’s research and development projects and ensuring they meet the four-part test outlined earlier. Be sure to look for activities that involve technological challenges, iterative development, and experimentation.

Step 2: Calculate Qualified Research Expenses (QREs)

Once you’ve identified the activities that qualify, the next step is to calculate the QREs associated with those activities. This includes wages, supplies, contract research costs, and any other eligible expenses. It’s important to maintain detailed records of these expenses to ensure that the claim is accurate and well-supported.

Step 3: Calculate the R&D Tax Credit

The data can then be compiled to calculate an estimated tax credit via a feasibility analysis.  The feasibility analysis can provide a ballpark figure based on the qualified research expenses and other factors, giving you an idea of the potential tax savings.  However, a full claim should still be done with the help of a tax professional to ensure accuracy. 

Step 4: Submit the Claim

Once the necessary data is gathered and the claim is prepared, businesses can submit their R&D Tax Credit claim along with their tax return. The credit can be utilized to offset federal income tax liability and in some instances, to offset federal payroll withholding taxes if your business is a qualified small business.  A qualified small business 1) has less than $5 million of gross receipts in the current tax year; and 2) has only had gross receipts for 5 years or less. 

Step 5: Keep Documentation

Maintaining proper documentation is essential when claiming R&D tax credits. The IRS may require proof of your R&D activities and expenses, so it’s important to keep accurate records, including time sheets, contracts, research reports, and receipts for qualified expenses.

FAQs About R&D Tax Credits

1. Can my business claim R&D tax credits for past years?
 Yes, businesses can claim R&D tax credits for prior years, provided the tax returns for those years have not been closed. Generally, businesses can claim credits for the current year and the previous three years. In some cases, additional years may be eligible.

2. Can startups claim R&D tax credits?
 Yes, startups can claim R&D tax credits, especially under the PATH Act provisions, which allow qualifying startups to offset employer-paid payroll taxes. This can provide up to $500,000 in credit annually, which can be used against the employer portion of social security liability.

3. Are all industries eligible for the R&D Tax Credit?
 Yes, as long as the activities meet the criteria outlined in the four-part test, businesses in any industry can potentially qualify. Common industries include manufacturing, software development, life sciences, food and beverage, and aerospace.

4. What are the R&D tax credit rates?
 The specific R&D tax credit rates vary depending on the methodology used to calculate the credit and the state in which the business operates. Generally, businesses can expect to receive between 6% and 8% of their qualifying research expenses back as a tax credit.

5. What are R&D Allowances?
 R&D allowances (RDAs) provide businesses with 100% tax deductions on capital expenditures for equipment and facilities used in R&D activities. The definition of R&D for RDAs is similar to that of the R&D tax credit. Companies investing in R&D should consider claiming RDAs on capital investments to avoid missing potential tax benefits. However, claims for RDAs on capital expenditures are often significantly lower than those for revenue expenditures.

Conclusion

R&D Tax Credits are an incredibly valuable opportunity for businesses to offset their research and development costs, fostering innovation and growth. Whether you’re a startup looking to maximize your limited resources or an established company seeking to invest in new technologies, the R&D tax incentive can provide significant financial relief. By understanding the eligibility criteria, qualifying expenses, and the process of claiming the credit, businesses can take full advantage of this tax incentive.

Still Have Questions?

Bennett Thrasher’s has tax advisors that specialize in R&D tax credits to ensure companies are maximizing the tax credits available to them. To get more information about the R&D tax credit or to see if your company qualifies, contact Nina Desai for a free consultation, or call 770.396.2200.

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