OBBBA: Revamping R&D Tax Strategies for U.S. Businesses

Research and Experimental (R&E) expenditures are pivotal for advancing innovation and development across a myriad of sectors. Historically, tax laws have facilitated innovation by allowing businesses to deduct these crucial expenditures, thereby reducing taxable income and encouraging further creativity.

The One Big Beautiful Bill Act (OBBBA), enacted on July 4, 2025, reaffirms this by permanently reinstating the provision for businesses to immediately deduct domestic R&E expenditures. This move reverses a contentious amendment from the 2017 Tax Cuts and Jobs Act (TCJA), cemented under the new Internal Revenue Code (IRC) Section 174A. While it revitalizes incentives for U.S. innovation, it enforces stricter capitalization for foreign R&E activities, influencing strategic location choices for multinational operations.

Image 1

Defining R&E Costs - R&E expenditures, often synonymous with R&D costs, encompass expenses linked to the development or enhancement of products, including software. Key expense categories include:

  • Salaries for employees involved in research tasks.

  • Materials and supplies consumed during research processes.

  • Costs for contractors and third-party research services.

  • Overhead costs associated with research facilities, such as rent, utilities, and insurance.

The IRS’s broad definition encourages a spectrum of innovative activities, benefiting numerous industries.

R&E Expensing – Historical Context - Prior to the TCJA, businesses had the option under old Section 174 to either immediately expense or amortize R&E costs over at least 60 months. This offered significant cash flow benefits, especially for innovation-driven firms. Post-TCJA, the compulsion to capitalize and amortize over five years (domestic) and 15 years (foreign) imposed substantial cash burdens, particularly on startups with significant R&D costs but minimal early revenue.

Post-OBBBA R&E Expensing - Effective for tax years after December 31, 2024, new Section 174A significantly reshapes the domestic R&E landscape.

Domestic vs. Foreign Differentiation - The OBBBA introduces significant distinctions based on research locale:

  • Domestic R&E Expenditures: Businesses can fully deduct these expenses in the year incurred, restoring pre-2022 favoritism and motivating U.S.-based research initiatives. Alternatively, capitalization and amortization over at least 60 months remain an option.

  • Foreign R&E Expenditures: The 15-year amortization mandate stands. Post-May 12, 2025, disposing or abandoning foreign R&E property won’t allow immediate recovery of any unamortized basis, prompting multinational firms to reassess research locales to optimize tax impacts.

Image 2

Options for Capitalized Expenses - The OBBBA offers transitional relief for R&E costs capitalized under TCJA from 2022-2024. From the first tax year after December 31, 2024 (typically 2025), taxpayers can:

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

  • Option 2: Two-Year Amortization: Deduct 50% of the balance in 2025, with the remainder in 2026.

  • Option 3: Continuous Amortization: Maintain the existing five-year schedule.

  • Eligible Small Businesses: Retroactively apply full expensing to tax years starting post-December 31, 2021, by amending returns, synchronized with R&D tax credits. This decision must conclude by July 4, 2026.

Integration with Other Tax Provisions - These updated expensing guidelines considerably influence various Tax Code areas, including net operating losses, bonus depreciation, and international tax considerations for large entities. Strategic coordination is imperative, especially when considering options that may affect other deductions available come 2025.

Image 3

Accounting Adjustments - Treated as an automatic accounting method change, these provisions simplify compliance. They offer significant cash infusion opportunities, aiding businesses in recovery from initial capitalization mandates. Initial guidance from the IRS, via Rev Proc 2025-28, allows taxpayers to attach a statement to their return instead of filing Form 3115 for these adjustments.

For tailored advice on optimizing these new tax advantages within your business strategy, particularly considering their impacts on net operating loss rules and business interest expense limitations, contact our office. Our expertise ensures you maximize these opportunities for significant competitive and financial advantages.

Share this article...

Want tax & accounting tips and insights?

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 .