Please note: We DO NOT offer free tax advice for TurboTax users or self-preparers.

Impact of the OBBBA on R&D Tax Strategy for Businesses

The treatment of Research and Experimental (R&E) expenditures has long played a pivotal role in fostering innovation across industries. Historically, tax laws incentivized such innovation by allowing businesses to deduct these expenses, effectively lowering taxable income.

The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, permanently restores the opportunity for businesses to immediately deduct domestic R&E expenditures. This act amends previous changes introduced by the Tax Cuts and Jobs Act (TCJA) of 2017 under the Internal Revenue Code (IRC) Section 174A, re-establishing a vital incentive for U.S.-centered innovation. However, foreign R&E activities still face stricter capitalization requirements.

Understanding R&E Costs

R&E expenditures, also known as R&D costs, are associated with the development or improvement of products, including software. Typical expenses encompass:

  • Employee wages for research tasks.

  • Materials and supplies consumed in research processes.

  • Costs for contractor research services.

  • Overhead costs like rent, utilities, and insurance related to R&E activities.

The IRS broadly defines these expenses to promote a spectrum of innovative endeavors.

Image 1

A Historical Perspective on R&E Expensing

Prior to the TCJA, businesses could either immediately deduct R&E costs in the incurred year or capitalize and amortize them over a minimum of 60 months. This flexibility provided significant cash flow benefits, essential for innovation-driven companies.

The TCJA alterations, effective in 2022, required capitalizing and amortizing R&E expenses over five years domestically and 15 years abroad, creating substantial tax burdens, especially for startups and early-stage companies pre-revenue.

Image 3

Post-OBBBA R&E Expensing

Effective for tax years after December 31, 2024, the OBBBA, via Section 174A, significantly alters domestic R&E. Notably, the act differentiates between domestic and foreign research:

  • Domestic R&E Expenses: Allows for immediate 100% deduction in the incurred year, encouraging U.S.-based research activity. Companies may also choose to capitalize and amortize these costs over 60 months.

  • Foreign R&E Expenses: Maintains a 15-year capitalization and amortization requirement. Immediate recovery of unamortized foreign R&E basis upon property disposition post-May 2025 is not permitted, prompting multinational companies to reconsider research locales to optimize tax benefits.

Image 2

Accelerated Expensing Opportunities

The OBBBA offers key transition relief for R&E expenses capitalized from 2022-2024. Businesses can accelerate their deductions starting the 2025 tax year:

  • Option 1: Full Expensing in 2025: Deduct the entire remaining balance in the 2025 tax year.

  • Option 2: Two-Year Amortization: Deduct remaining balances evenly over 2025 and 2026.

  • Option 3: Continued Amortization: Proceed with the original five-year schedule.

  • Small Business Advantage: Eligible small businesses (with annual gross receipts of $31 million or less over three preceding years) may retroactively apply full expensing rules for post-2021 tax years, amending past returns for potential refunds.

Interaction With Other Tax Regulations

The new R&E expensing provisions intersect with numerous Tax Code segments such as net operating losses and bonus depreciation. Strategic planning is recommended, as these provisions may significantly lower tax liabilities, necessitating a comprehensive evaluation of all available tax deductions for the 2025 fiscal year.

Simplified Compliance

The outlined transition rules are acknowledged as an automatic accounting method change, facilitating compliance. The IRS's Rev Proc 2025-28 provides initial guidance on this procedural shift, presenting a significant cash flow opportunity by lifting prior capitalization mandates.

For personalized modeling of these options and strategic decisions impacting other tax provisions such as the Net Operating Loss (NOL) rules, consult with relevant professionals.

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 .
Have a question? Check out the frequently asked questions below.
Hi there! Welcome to Steve Shapiro, EA website. For any questions not listed here, use the Ask Me A Question form and one of our staff will reach out to you.
Please fill out the form and our team will get back to you shortly The form was sent successfully