How the OBBBA Reshapes R&E Tax Benefits for U.S. Businesses

Research and Experimental (R&E) spending stands at the forefront of driving innovation across diverse industries. Traditionally, tax laws have incentivized such investments by permitting businesses to deduct these costs, thereby facilitating lower taxable income.

The recent passage of the One Big Beautiful Bill Act (OBBBA) on July 4, 2025, has altered the landscape dramatically. This act reinstates immediate deduction for domestic R&E expenditures, overturning the Tax Cuts and Jobs Act (TCJA) of 2017’s restrictive provisions, through the addition of IRC Section 174A. However, it upholds stringent capitalization rules for foreign R&E pursuits.

What qualifies as R&E expenses? Generally termed as R&D costs, these are associated with developing or improving products, including software. Key components typically consist of:

  • Employee wages related to research activities.

  • Material and supply expenses consumed during research.

  • Contractor expenses for outsourced research services.

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

The IRS broadly categorizes these costs to support a spectrum of innovative processes.

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Until its changes in effect post-December 31, 2021, Section 174 offered two avenues: immediate deduction of R&E expenses or their capitalization and amortization over at least 60 months. This supported cash flow benefits crucial for innovation-centric companies.

On the other hand, TCJA’s amendments initiated in 2022 compelled capitalizing domestic research costs over five years, and foreign research over 15 years, inducing significant cash burdens, particularly for startups. By restructuring these rules, OBBBA restores the favorable pre-2022 conditions:

Domestic versus Foreign R&E
The OBBBA differentiates clearly on the location of research:

  • Domestic R&E Expenditures: These are fully deductible in the year incurred, encouraging U.S.-based research endeavors by restoring prior benefits. The option to capitalize remains available.

  • Foreign R&E Expenditures: The 15-year amortization persists. This distinction may prompt businesses to reconsider their research locales to optimize tax advantages.

The OBBBA also provides transitional relief for R&E costs capitalized during 2022-2024. Businesses can choose to hasten deductions starting in their first tax year post-December 31, 2024:

  • Option 1: Full Expensing in 2025 - Deduct the entire unamortized balance.

  • Option 2: Two-Year Amortization - Equal deductions over two years.

  • Option 3: Continue Amortization - Maintain the original five-year schedule.

  • Eligible Small Businesses: These entities benefit from a unique option to amend returns retroactively from 2022, accessing refunds by adjusting prior tax returns by July 4, 2026.

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Coordination with Other Tax Provisions
These new expensing rules intricately link with tax areas including net operating loss, bonus depreciation, and international tax for large firms. Businesses should consider these collectively to leverage new scenarios for maximum tax reduction benefits in 2025.

Transition as Accounting Change: These provisions classify as an automatic accounting method adjustment, simplifying compliance. The IRS guidance via Rev Proc 2025-28 allows attaching a statement to returns to expedite this transition without filing Form 3115. For strategic planning, align these provisions with the R&D tax credit and consult tax professionals to tailor optimal approaches.

Contact us to model choices and identify tailored strategies that maximize benefits, factoring in implications on Net Operating Loss and business interest constraints.

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