Learning Center

Transformative Impact of the OBBBA on Business R&D Tax Strategies

Research and Experimental (R&E) expenditures have long been instrumental in driving innovation and advancement across numerous industries. These costs, under traditional tax law, have been eligible for deductions, serving as a powerful incentive for businesses aiming to minimize their taxable income and stimulate innovation.

The One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025, marks a significant shift in this area by permanently reinstating the immediate deduction of domestic Research and Experimental (R&E) expenditures. This move effectively overturns a contentious alteration brought about by the Tax Cuts and Jobs Act (TCJA) of 2017. The new Internal Revenue Code (IRC) Section 174A reestablishes this vital catalyst for U.S.-based innovation while maintaining stringent requirements for the capitalization of foreign R&E activities.

Image 2

Understanding R&E Expenses - R&E expenses, often synonymous with R&D (research and development) costs, are general expenses linked to product development or improvement, including software. These typically encompass:

  • Employee wages involved in research activities.

  • Materials and supplies consumed during research.

  • Third-party contractor costs for research services.

  • Overhead costs such as rent, utilities, insurance, and repairs for facilities and equipment used in R&E activities.

The IRS generally defines these expenses in broad terms to cover a broad spectrum of innovative activities.

Historical Context of R&E Expensing - Prior to the TCJA, businesses could either immediately deduct or capitalize and amortize R&E expenses over at least five years, offering substantial cash flow benefits particularly to innovation-focused companies.

However, the TCJA ruled from 2022 onwards eliminated this flexibility, necessitating capitalization and amortization of R&E expenses over five years for domestic and 15 years for international research. This change substantially increased the tax liability for companies, especially startups and early-stage companies with hefty R&D costs but little revenue.

Image 3

Implications of the OBBBA on R&E Expensing - Effective for tax years starting post-December 31, 2024, IRC Section 174A from the OBBBA brings transformative change for domestic R&E. Deductions can be taken the year they’re paid or incurred, ideally incentivizing firms to undertake research within domestic bounds.

Let’s Talk!
Get Expert Help Now
Book With Us

Domestic vs. Foreign Research - A key distinction introduced by the OBBBA concerns the locality of research activities:

  • Domestic R&E Expenses: Immediate deduction eligibility encourages businesses to conduct research in the U.S., with an optional amortization over 60 months.

  • Foreign R&E Expenses: The 15-year amortization persists, disallowing immediate deductions on unamortized bases post-May 12, 2025, compelling multinational enterprises to reassess their research location strategies.

Transition Relief Options - The OBBBA delivers transition relief for domestic R&E costs capitalized between 2022-2024 under prior TCJA mandates. Beginning in 2025, taxpayers can:

  • Option 1: Fully expense the unamortized domestic R&E balance in 2025.

  • Option 2: Amortize over two years (50% each in 2025 and 2026).

  • Option 3: Continue the original five-year amortization.

  • Eligible Small Businesses: Businesses with an annual revenue of $31 million or less can apply full expensing retroactively through amended tax returns for post-2021 tax years, claiming potential refunds for taxes previously settled under outdated rules.

Image 1

Tax Code Synergies - The new R&E expensing provisions interact with other tax stipulations such as net operating losses (NOL), bonus depreciation, and business interest expense limitations, particularly affecting large firms. Comprehensive consideration of these synergies is crucial when strategizing tax outcomes. Modeling these scenarios helps anticipate potential tax deductions available in 2025, providing strategic tax planning benefits.

Accounting Adjustments - The transition rules subsequently implement an automatic change in accounting methods, facilitating compliance. "Catching-up" on deductions offers significant cash flow advantages, affording businesses tangible relief from preceding capitalization requirements. Initial guidance from the IRS via Rev Proc 2025-28 outlines the process for integrating these accounting changes by simply appending a statement to the tax return instead of filing Form 3115 for changes in accounting methods.

For personalized advice and modeling the implications of these choices in sync with other provisions like NOL rules, and interest expense limits, consult with us at TaxxGuy LLC. Our expertise will guide you to maximize your tax benefits efficiently.

Let’s Talk!
Get Expert Help Now
Book With Us
Share this article...

Sign up for our newsletter.

Each month, we will send you a roundup of our latest blog content covering the tax and accounting tips & insights you need to know.

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 .

We care about the protection of your data.

Social Media

Taxx Guy LLC

129 Underhill Lane
Peekskill, New York 10566