R&D Tax Credit Guide: How Claiming It Can Save Your Business up to $250,000 a Year
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R&D Tax Credit Guide: How Claiming It Can Save Your Business up to $500,000 a Year

November 07, 2024
 

What Is the R&D Tax Credit?

The Research and Development (R&D) tax credit (also known as the "Increasing Research Activities Credit" and "Research and Experimentation (R&E) Credit") is a federal business tax credit that helps all types of companies that have spent money on research and development recoup some of these costs. This includes expenditures on the development, design or improvement of products, processes, formulas, patents, techniques or software. The credit was introduced in 1981 as a temporary way to boost economic activity but has since become a permanent part of the tax code. Many states offer similar R&D tax credits.

Explore this guide to learn more about the R&D tax credit, whether you’re eligible, and how it can be a powerful financial tool for your business.


Table of Contents


Does Your Business Qualify?

If your business has spent money on research and development in the past year, you likely qualify for the credit. While it’s commonly believed that only large corporations can take the R&D tax credit, it can be claimed by businesses of any size, and across a variety of industries. To qualify, your business simply needs to have engaged in what the Internal Revenue Service (IRS) calls qualified research expenditures, or QREs.

We'll discuss QREs in more depth below, but in general, if your company has attempted to develop new products or processes, or has worked to improve existing products or processes, you'll likely qualify for the R&D tax credit.

How Your Business Can Use the R&D Tax Credit

If your business qualifies for the R&D tax credit, you'll have some discretion over when and how you apply it. For most businesses currently turning a profit, the credit will be applied against the company's income tax liabilities. For companies like startups that have yet to turn a profit, the credit is usually used to offset the company's payroll tax liabilities.

Below, we've broken down a few common ways you can maximize the R&D tax credit for your business:

  1. Earn back 5% to 15% of funds spent on qualifying expenses

  2. The amount of your refund will depend on the specifics of your business, but in its most basic form, the R&D tax credit will cover 5% to 15% of your qualified research expenditures. In other words, if your company spent $100,000 on legitimate research costs, you can recoup between $5,000 and $15,000 back in the form of a credit that can be used to offset payroll or income tax liabilities.
  3. Use the credit to offset payroll taxes

  4. One of the more common ways small businesses claim the R&D tax credit is using it to offset payroll taxes. This can be a huge boon for your business. To qualify, your gross receipts for the year in question will need to be lower than $5 million, and you can't have gross receipts from more than five years ago.

    If your business meets these requirements, you can use the R&D tax credit to offset the 6.2% employer portion of Social Security payroll tax liability and the 1.45% employer portion of Medicare payroll tax liability, up to $500,000 in payroll taxes. You'll apply the credit to your payroll taxes by selecting this method as an option when filing your income tax return.

    If you find out that you've been qualified for the credit multiple years in a row, you can use the surplus value of the credit to help offset some of your income tax liability. You would have to amend prior years’ returns to claim the credits to offset income taxes in other years. The payroll tax credit can only be taken on timely filed returns, not amended returns.

    Note: The maximum allowable payroll credit election is $250,000 for tax years December 31, 2015, to December 31, 2022. For tax years beginning after December 31, 2022, the maximum allowable payroll credit election has increased to $500,000.

  5. Think back and look ahead

  6. If you failed to claim the credit in previous years, but still qualified for it, you might still be able to access it. It's possible to go back and amend your income tax return(s) to incorporate the R&D income tax credit, which would allow you to receive a refund for a previous year.

    If your business isn’t profitable yet but still incurs research and development expenses, you may feel like you're missing out on the full benefits of the credit — if the R&D tax credit is greater than your actual income tax, it's not refundable. Fortunately, your business can carry forward unused portions of the credit for up to 20 years and carry the credit back one year as well.

Which of Your Expenses Qualify for the R&D Tax Credit?

In general, expenses used to develop new products, technologies or services, or improve existing products, technologies and services, will qualify for the R&D tax credit. More specifically, the following activities will usually be eligible:

  • Engineering processes that involve design, data collection and analysis, and testing
  • Developing proprietary technologies
  • Improving technologies, including software, that power your business
  • Building product prototypes
  • Development processes, even if incomplete
  • Developing patents

When it comes to the standards set by the IRS, there are four main categories of research and development costs that can be counted as legitimate expenses:

  • Wages — W-2 taxable wages paid to employees who worked on, directly supervised or directly supported research processes can be counted as qualified research activities.
  • Supplies — Tangible supplies that were used during the research and development process can be counted as expenses, though they can't be general administrative supplies that would otherwise be used in the course of ordinary operations.
  • Computer services — If you rented computers, took advantage of cloud service providers during your research process, or used them to host software under development, you can count this as an expense.
  • Outsourcing — Contract research, even including some subcontractor expenses, can still qualify for the credit (typically at a lower rate), as long as you retain substantial rights to the results and bear the economic burden (risk) of the development effort.

How Is the R&D Tax Credit Calculated?

If your company qualifies for the R&D tax credit, there are standard ways to calculate it, both of which we'll discuss below.

Regular method — Under this method, the R&D tax credit will be worth 20% of the company's QREs over a base amount, which will be a product of a fixed-base percentage and the average annual gross receipts from the past four years.

Alternative simplified credit (ASC) method — Under this method, the R&D tax credit is worth 14% of the company's QREs over 50% of its average QREs from the past three years. If there are no QREs from previous years, the credit is worth 6% of the current year's QREs.

How should you choose between the methods? Consulting with tax experts can help you make the best decision. But in general, companies new to claiming the credit will find the ASC method slightly easier.

How to Claim/Apply for R&D Tax Credits

Figuring out how to claim the R&D tax credit and then how to best apply it to receive the most benefit can be a difficult process. Below, we've broken down how to determine if you qualify, how to claim the credit, how to apply it and which documents you'll need to claim it.

The R&D tax credit claim process

Claiming the R&D tax credit encompasses three major steps:

  • Study your processes. Internally, review the R&D processes that you intend to claim. Which activities did you undertake, and how much did they cost? Assess your bookkeeping and other internal business documents.
  • Make your case. Once you have a good grasp of the R&D activities your company undertook, you'll build your case by gathering the proper documentation to serve as proof for the IRS.
  • File your tax forms. Complete Form 6765 and file it along with your business's federal income tax return.
 

Get an R&D study to reveal tax credits

As mentioned above, studying your research and development processes is a key part of claiming the R&D tax credit. By working with an independent third party to conduct an R&D study, you can make the most of available R&D tax credits and uncover any savings or incentives you might have missed.

What is an R&D study?

An R&D study is a thorough review of your organization’s research and development activities and associated expenses. Its main goal is to pinpoint which activities qualify for state and federal R&D tax credits and incentives.

Who performs R&D studies?

Tax professionals specializing in R&D tax credits typically conduct these studies. They have a deep understanding of R&D credits, related tax laws and how they apply to various industries.

What are the benefits of an R&D study?

Completing an R&D study can deliver financial and regulatory benefits:

  • Financial: An R&D study can improve cash flow by reducing federal and state tax liabilities. This helps increase your market value and lowers your effective tax rate, which ultimately can give you more financial flexibility to reinvest in your business.
  • Regulatory: Since you’re already required to amortize costs under IRC Section 174, it’s to your advantage to simultaneously conduct an R&D study. The two have significant overlap. Completing both projects at the same time is an efficient way to ensure you’re fully compliant.

Does my business need an R&D study?

If your organization is looking to claim R&D tax credits, you may benefit from an R&D study, regardless of your size or industry. There are no specific thresholds that trigger the need for a study, but it’s especially valuable for organizations with extensive R&D activities or complex projects. An R&D study helps your organization get the most out of R&D credits by identifying all eligible activities and expenses. It backs up your R&D claims and lowers audit risks. You also gain deeper insights into your R&D efforts, so you can make better-informed decisions for future planning and investments.

How long does an R&D study take?

The time varies depending on your business size, project complexity and specific needs. For small to mid-sized projects, it typically takes about six to eight weeks to estimate tax credits and gather necessary information for filing the tax return.

What does the R&D study process look like?

Typically, an R&D study follows these steps:

  1. Project kickoff: The study begins with a kickoff call to review your organization’s high-level financial information, discuss potential R&D credits and outline project details.
  2. Data gathering and credit estimate: The tax experts provide a rough tax credit estimate along with outlined engagement terms and documentation requests.
  3. Analysis and calculation: The experts will examine each R&D activity, quantify R&D expenses and calculate your available tax credits.
  4. Report preparation and delivery: You receive analysis findings, documented expense calculations and tax credit estimations in a final report.

The 4-part test to determine whether you qualify

Here is a simple, four-part test that can help you determine whether your business qualifies for the federal R&D tax credit and the potential benefits it offers. Under IRS Section 41, your company's activities must meet these criteria to be considered qualified research expenditures.

  • Permitted Purpose test. The activity relates to a new or improved function, performance reliability, or quality of a business component (i.e.,product, process, computer software, technique, formula or invention) which is to be held for sale, lease, license, or used in a trade or business.
  • Technological in Nature test. The process of experimentation used to discover information must fundamentally rely on principles of the physical or biological sciences, engineering or computer science.
  • Elimination of Uncertainty test. The activity must be intended to discover information to eliminate uncertainty concerning the capability or method for developing or improving a product or process, or the appropriateness of the product design.
  • Process of Experimentation test. Substantially all of the activities must be elements of a process or experimentation to resolve technical uncertainty, documented by explaining the alternatives considered and attempted, testing performed on the alternatives, test results and analysis.
  • To treat an expense as a qualified research expenditure, a company must be able to establish that all four of the above tests have been met.

Documents needed

As with any credit, proper documentation is essential for successfully receiving the benefits of the R&D credit and lowering audit risks. When claiming the R&D tax credit, you should prepare the following documentation and records:

  • Form 6765 — The standard IRS form to figure and claim the credit for increasing research activities
  • A clear list of research and development activities that qualify for the credit, according to the four-part test described above
  • Substantiating information for qualified research expenses — in other words, documents that prove your claim, including wage reports, supplies and other research expenses and receipts
  • Time-tracking information for employees whose W-2 taxable wages are being claimed as part of the credit, if available, or documentation from a subject matter expert who can speak to the percentage of time employees spent on qualified research activities
  • Contracts and other subsidiary information if you outsourced any elements of the research and development process

What Are the Benefits of the R&D Tax Credit?

The primary purpose of the R&D tax credit is to boost economic activity by encouraging companies to innovate and invest in new technologies, products and services. If you claim the credit for your business, the potential benefits include:

  • Improved cash flow
  • Reduced federal and state taxes
  • Increased market value
  • Lowered effective tax rate
  • More profits in hand

Which Businesses Are Eligible?

Many companies that qualify for the R&D tax credit don’t claim it simply because they don’t understand it. For example, according to the National Science Foundation, in 2010 almost $9 billion in R&D tax credits were claimed — while an additional $4 billion in eligible credits went unclaimed.

Contrary to what many people think, the R&D tax credit is open to companies of all sizes. In fact, roughly half of all companies that claim the credit are classifiable as small or middle-sized businesses. Qualifying for the credit depends only on whether or not your company spent money on qualified activities that the IRS recognizes as research and development.

While this isn't an exhaustive list, here are some of the industries that often qualify for the R&D tax credit:

  • Manufacturing
  • Software and technology
  • Financial services
  • Agriculture
  • Aerospace
  • Ecommerce
  • Engineering
  • Construction
  • Automotive
  • Energy
  • Food and beverage production
  • Pharmaceuticals, health care and life sciences

Regardless of your industry, it’s a good idea to investigate potential tax credits that could improve your financial performance. Doing so ensures that you’re taking advantage of all possible credits and can also provide insights into ways you might reallocate funds or spending to maximize your tax benefits.

How Does the R&D Tax Credit Benefit Industries?

The R&D tax credit can offer many important benefits — including cost savings and the ability to fuel growth — to a number of industries. As we've seen, misunderstandings about what might qualify a business for the R&D tax credit can prevent companies from taking advantage of this valuable asset. Below, we've broken down some common industries that can benefit from the R&D tax credit.

Technology

Unsurprisingly, tech companies — think companies involved in software or app development, electronics or even telecommunications — have a lot to gain from the R&D tax credit. As the pace of technological innovation continues to grow, most tech companies will invest in data analysis, product design and development, and testing as a matter of course. Even if these processes are aimed at optimizing current technologies rather than developing new ones, they can still qualify for the R&D tax credit.

Engineering

If your business model incorporates some aspect of the engineering process, you likely qualify for the R&D tax credit. Developing new designs or creating new products typically requires extensive research and testing, which means these activities usually meet the R&D tax credit requirements.

Manufacturing

Manufacturing is probably the widest umbrella in terms of industries that qualify for the R&D tax credit. If your company engages in common internal processes, from customer analysis to part or product design or even establishing your production line, you probably meet the R&D tax credit requirements.

Life and natural sciences

Pharmaceutical and biotechnology companies, manufacturers of medical devices and even agricultural companies all typically qualify for the R&D tax credit. Since many of these businesses rely heavily on high-quality research processes, they'll easily meet the requirements. But there are other ways to qualify, including product testing, lab maintenance and any attempts to improve an existing product.

Common Myths and Misconceptions

Many businesses that easily meet the requirements for the R&D tax credit don't take advantage of it, simply because they aren't aware they qualify. We've broken down some of the most common myths and misconceptions surrounding the R&D tax credit below.

What exactly qualifies as “research”

Most companies are convinced that if they don't have a team of PhDs constantly conducting cutting-edge studies, they aren't really doing research. But that's simply not true. The IRS definition is broad enough that a wide variety of activities can qualify a company for the R&D tax credit, from researching customer behavior to improving a pharmaceutical formula and even designing a building.

How “risky” claiming the credit is

Because the R&D tax credit initially began as a temporary incentive, a rumor persists that claiming the credit might increase your company's chance of being audited. Again, this simply isn't true. As a permanent incentive, the R&D tax credit is designed to encourage companies to develop new or improved innovations.

Of course, it's still possible you might experience an audit, which is why it's important to make sure you've filed properly and have the right documentation prepared. Working with an experienced tax preparation expert can help you make sure you're ready to answer any questions the IRS might ask — as well as making sure you safely get the most out of the R&D tax credit.

How “successful” your company is

A common misconception is that only profitable companies can claim the R&D tax credit. In fact, the PATH Act of 2015 introduced new changes to the R&D credit, one of the most important of which makes it easy for startups and other companies that haven't yet turned a profit to access the credit. The change allows businesses to reclaim part of their R&D investment by reducing their payroll tax liability.

How Much Money Can You Expect From the R&D Tax Credit?

The federal R&D tax credit doesn’t have a cap or maximum amount. It is typically worth up to 15% of qualified research expenditures. But whatever you generate, you can offset up to $500,000 of payroll costs each year on a timely return. This means successfully applying for the credit could potentially save your company millions of dollars over several years.

In addition, most states in the U.S. offer their own version of the R&D credit, which can further increase the value of this deduction for companies that qualify.

How to Apply the Federal R&D Tax Credit to Payroll Taxes

Many smaller or younger startups are not impacted by Section 174 (pre-revenue) and can claim against payroll to save cash. The amount of this credit was doubled for 2023 as part of the Inflation Reduction Act, so it is more important than ever to understand your opportunity for savings. Applying the credit to your company's payroll taxes needs to be done on an income tax form filed in a timely fashion and will cover up to $250,000 of the employer's portion of Social Security payroll taxes and up to $250,000 of the employer’s portion of Medicare payroll taxes.

The first step in understanding the credit is verifying that you qualify. The following five-question test will help you better understand if these credits are available to your business.

  1. Are your gross receipts all from within the past five years?
  2. Are your gross receipts less than $5M for the taxable year?
  3. Does your company perform R&D activities?
  4. Did your R&D expenses include wages earned in the U.S., supplies used in the U.S. or contract research conducted in the U.S.?
  5. Do your company’s R&D activities pass the four-part test?

To qualify, you need to answer "yes" to the above questions. If you believe you qualify, you can calculate an estimated amount for the credit, to give you a better idea of what you can expect on return.

Consult These Helpful Resources

For more information about the R&D tax credit and whether you qualify, take a look at the resources below:

  • To find out if your business qualifies, check Section 41 of the Internal Revenue Code and its related regulations.
  • To better understand the information you'll need to successfully claim the credit, take a look at Form 6765, the standard IRS form to figure and claim the credit for increasing research activities.
  • To understand how small businesses can claim a payroll tax credit for increasing research activities, consider Notice 2017-23.

How a CPA Firm Can Help, or Why You Need a Tax Expert

Although it can yield significant benefits, the R&D tax credit commonly goes unclaimed because of misinformation and lack of knowledge. But that doesn't mean claiming it is necessarily an easy process.

The R&D tax credit is a complex credit based on projects, meaning that your research needs to qualify for the credit. From there, it needs to be properly and accurately documented. Bringing in an experienced tax expert can ensure you're claiming as large a credit as possible, and that you'll be doing it successfully.


Don’t Miss Out on R&D Tax Credit Savings

Don’t let the complexity of the R&D tax credit keep you from taking advantage of it. Our tax specialists can cut through the confusion and guide you every step of the way, including determining whether an R&D study would make sense for you. Learn more about how our tax credit experts can help you uncover missed opportunities, identify potential savings and ensure a successful claim process.

Are You Missing Tax Credit Savings?

Armanino has the industry expertise, tax credit experience and track record of customer satisfaction to best advise your tax credit incentive strategy and compliance needs.

Contact us today for a free assessment.