Revolutionizing R&E Tax Incentives: The Impact of the One Big Beautiful Bill Act

For numerous businesses driving innovation across industries, Research and Experimental (R&E) expenditures play a pivotal role in their developmental processes. Historically, these costs have been favored under tax laws to boost innovation by enabling companies to deduct expenses and subsequently lower their taxable incomes.

The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, has reinstated the immediate deduction capability for domestic R&E expenditures, effectively reversing a challenging change introduced by the Tax Cuts and Jobs Act (TCJA) of 2017. Under the new Internal Revenue Code (IRC) Section 174A, a crucial incentive is restored for U.S. innovation, although the stricter capitalization of foreign R&E acts remains intact.

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Understanding R&E Expenditures
R&E expenditures, often tagged as research and development (R&D) costs, cover expenses associated with product development or enhancement, extending to software development. Key costs include:

  • Employee wages involved in research activities.
  • Material and supply costs consumed in research.
  • Contracts for third-party research services.
  • Overhead costs such as rent and utilities for facilities used in R&E activities.

The IRS’s broad definition encourages a myriad of innovative pursuits, beneficial for U.S.-focused enterprises.

Evolution of R&E Expensing
Prior to the TCJA’s changes effective post-December 31, 2021, businesses could quickly deduct or amortize R&E expenses over 60 months, significantly aiding cash flows for research-intense companies.

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The TCJA’s 2022 amendment required capitalization and amortization over five years domestically and 15 years for overseas activities, increasing financial burdens on companies, particularly startups incurring high R&D costs without immediate revenue.

R&E Expensing Post-OBBBA
The OBBBA modernizes domestic R&E with Section 174A:

  • Domestic R&E: Full immediate deduction in the expense year is now permitted, reviving previous practices and encouraging U.S.-based research. Companies may still choose to capitalize these costs over 60 months if preferable.
  • Foreign R&E: Retains the 15-year amortization requirement, compelling multinational firms to reconsider their research locales to optimize tax benefits.

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Accelerating Amortized Expenses
The OBBBA provides transitional relief for 2022-2024 capitalized R&E costs:

  • Option 1: Deduct remaining domestic R&E costs in 2025.
  • Option 2: Allocate deductions across 2025 and 2026.
  • Option 3: Persist in the original five-year amortization.
  • Eligible Small Businesses: May retroactively apply full expensing by filing amended returns for earlier tax years, reclaiming taxes, ensuring harmony with other tax credits.

Tax Synergies and Strategic Planning
The OBBBA’s provisions notably interact with wider Tax Code elements, such as NOL, bonus depreciation, and business interest limits capped for larger enterprises. Such intersections merit strategic analysis to maximize tax benefits. Businesses should diligently model potential outcomes, ensuring comprehensive utilization of future deductions to yield optimal tax savings.

Simplifying Compliance via Accounting Transition
By treating these transitions as an automatic accounting method alteration, compliance becomes straightforward, enabling businesses to "catch-up" on deductions previously disallowed under TCJA rules. Rev Proc 2025-28 outlines this shift, allowing statement-based changes rather than extensive application forms. This provision posits a substantial opportunity for sizeable cash flow improvements for compliant businesses.

For an in-depth exploration of how these changes affect your business strategy, especially in relation to NOL and business interest limits, contact our team at Moore Accounting Experts LLC. We offer comprehensive modeling to fine-tune your tax strategy, capitalizing on these legislative changes to enhance your financial positioning.

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