How the Innovative OBBBA Revamps R&D Tax Strategies

Research and Experimental (R&E) expenses are pivotal in propelling innovation within various sectors. Traditionally, the tax treatment of these expenditures has incentivized experimentation by permitting businesses to deduct them, effectively lowering taxable income and encouraging innovation.

The landmark One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, permanently restores the option for businesses to immediately deduct domestic Research and Experimental (R&E) expenses. This legislative change effectively reverses the controversial amendment set by the Tax Cuts and Jobs Act (TCJA) of 2017. Under the revised Internal Revenue Code (IRC) Section 174A, the OBBBA reinstates a valuable incentive for domestic innovation while retaining stringent capitalization rules for international R&E endeavors.

Image 1

Understanding R&E Expenditures: Often synonymous with R&D costs, Research and Experimental expenditures encompass costs aimed at the development or enhancement of products, including software. Typical expenses include:

  • Employee wages engaged in research activities.
  • Material and supply costs consumed during research.
  • Third-party contractor research services.
  • Overhead costs relating to facilities and equipment used for R&E, such as rent and utilities.

The IRS adopts a broad definition of these costs to foster diverse innovative activities.

Historical Overview of R&E Expense Treatments: Prior to the TCJA's impact on tax years post-December 31, 2021, businesses could either immediately deduct R&E expenses or capitalize and amortize them over no less than 60 months, providing significant financial advantages for businesses engaged in intense innovation.

The TCJA alterations, effective from 2022, mandated five-year amortization for domestic R&E and 15 years for foreign research, causing considerable tax burdens, particularly for early-stage companies with substantial R&D investments prior to generating revenue. This extended the realization of tax benefits, impacting cash flows negatively.

R&E Deduction Landscape Post-OBBBA: From tax years starting after December 31, 2024, new Section 174A fundamentally transforms R&E taxation for domestic activities.

Domestic Versus Foreign R&E: The OBBBA introduces new tax strategies based on research locales:

  • Domestic R&E Expenditures: Businesses may immediately deduct 100% of these expenditures in the year they are incurred, reinstating the favorable pre-2022 treatment and incentivizing U.S.-based research. Alternatively, taxpayers can elect to capitalize and amortize these expenses over a minimum of 60 months.
  • Foreign R&E Expenditures: The existing 15-year amortization period remains for international research under OBBBA, disallowing immediate recovery of unamortized costs upon disposition or abandonment after May 12, 2025. This differentiation may drive multinational companies to reassess their research strategies to optimize tax benefits.

Image 3

Transition Relief for Previously Amortized Expenses: The OBBBA offers critical relief options for R&E expenditures capitalized during 2022-2024 under the prior regime. Taxpayers can now opt for accelerated deduction approaches beginning in the 2025 tax year:

  • Option 1: Full Deduction in 2025: Deduct the entire unamortized domestic R&E cost in the fiscal year beginning post-December 31, 2024.
  • Option 2: Two-Year Amortization: Allocate deductions equally across the 2025 and 2026 tax years.
  • Option 3: Maintain Five-Year Schedule: Elect to persist with the original amortization timeline.
  • Eligible Small Businesses: For enterprises with average gross receipts not exceeding $31 million over the past three tax years, an additional advantage is available. Such businesses may retroactively apply full deduction rules from tax years post-December 31, 2021, by filing amended returns to claim refunds for taxes previously paid under older regulations. This choice must be executed by July 4, 2026, and requires integration with the R&D tax credit provisions (Section 280C(c)), potentially necessitating a reduction in the R&D credit amount.
Image 2

Integration with Other Tax Provisions: The updated R&E deduction regulations intricately interact with other Tax Code facets such as net operating losses (NOL), bonus depreciation, and business interest expense limitations, especially for larger corporations. Consideration of all these components is crucial for strategic tax planning to leverage upcoming deductions to minimize tax liabilities.

Accounting Method Change: Treated as an automatic change in accounting method, these transition provisions facilitate compliance and provide significant cash infusion opportunities for businesses impacted by previous capitalization mandates. The IRS details the process in Rev Proc 2025-28, allowing companies to append a statement to their returns instead of submitting Form 3115, thereby streamlining the change procedure.

Contact our office for a detailed analysis and to craft a tax strategy tailored to your circumstances, as these options may influence other tax provisions like NOL rules and interest expense caps.

Share this article...

Want our best tax and accounting tips and insights delivered to your inbox?

Sign up for our newsletter.

I confirm this is a service inquiry and not an advertising message or solicitation. By clicking “Submit”, I acknowledge and agree to the creation of an account and to the and .
Let us take your tax and small business needs off your hands today.