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Revolutionizing R&E Tax Strategies with the OBBBA

Research and Experimental (R&E) expenditures represent a backbone for innovation across diverse sectors. Traditionally, tax law has facilitated this innovation by allowing companies to deduct R&E expenses, thereby lessening their tax burdens. Such policies have propelled advancements by incentivizing businesses to invest in new ideas.

The groundbreaking One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, marks a significant shift in R&E tax strategy by reinstating the immediate expensing of domestic R&E expenditures. A crucial pivot from the 2017 Tax Cuts and Jobs Act (TCJA), this legislation—now under IRC Section 174A—strengthens incentives for domestic innovation while keeping stricter rules for foreign R&E activities.

Understanding R&E Expenses
Commonly referred to as R&D (Research and Development) costs, R&E expenses encompass expenditures tied to product development, including software creation. These costs typically include:

  • Wages for research-focused employees.

  • Materials and supplies consumed in research.

  • Payments to third-party contractors for research services.

  • Overhead expenses like facility rent, utilities, insurance, and repair costs tied to R&E activities.

The IRS's broad definition opens the gateway for diverse innovative endeavors.

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R&E Expensing Evolution
Before the TCJA took effect in 2022, businesses could elect to either deduct R&E expenses immediately when incurred or amortize over 60 months. This flexibility offered cash flow benefits crucial for R&D-heavy enterprises. However, the TCJA curtailed this, mandating capitalization over five years (and 15 for foreign R&E), placing financial strain on startups still pre-revenue yet incurring heavy costs.

The New Landscape Under OBBBA
Beginning with the 2025 tax year, Section 174A introduces a monumental change, particularly uplifting domestic R&E by allowing full immediate deduction, a nod to pre-2022 benefits. Meanwhile, foreign R&E retains its 15-year storyline, influencing multinational firms to reconsider their research geography, influencing decisions where significant tax considerations are at play.

Expediting Amortized Costs
The OBBBA offers a lifeline for taxpayers regarding R&E costs capitalized from 2022 through 2024. Businesses can opt for:

  • Option 1: Full expensing in 2025 to deduct the entire pending balance.

  • Option 2: Amortize over two years, spreading deductions evenly into 2025 and 2026.

  • Option 3: Continue with the original five-year amortization.

Special Provisions for Small Businesses
Eligible smaller enterprises (those with average gross receipts under $31 million) have another choice: Retrospective expensing with amended returns, reclaiming taxes from 2022-2024 under the old provisions, must be availed by July 4, 2026.

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Integrated Tax Strategy
The complexities of the new R&E provisions mean thoughtful integration with broader tax considerations—such as NOLs, bonus depreciation, and international taxation—is essential. The domino effect on regular tax liabilities highlights the necessity of strategic tax planning for maximizing available deductions.

Simplified Compliance - With procedural guidance from IRS Rev Proc 2025-28, taxpayers can adjust their deductions without filing Form 3115, a shift simplifying the administrative overhead. This approach yields cash flow relief from the past regulatory framework.

Schedule a consultation with us to explore how the meticulous integration of OBBBA provisions aligns with your business’s unique financial structure and tax obligations, especially in relation to NOL applications and interest deductions. Planning ahead can reveal unexpected opportunities for tax savings and financial growth.

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