Research & Development Tax Credit

The tax definition of R&D includes more activities than you may think.

History & Intent

The Federal Credit for Increasing Research Activities, or R&D Tax Credit, as it is commonly known, was enacted in 1981. Throughout its history, it has changed section numbers, been temporarily extended 16 times, lapsed for a year, and was finally made permanent by the PATH Act at the end of 2015. This dynamic business incentive has evolved so much over time due not only to the nature of tax law but also because of the historical bipartisan support it has enjoyed. Both political parties have leveraged the previously non-permanent credit as a tool for pushing through legislation that was otherwise unpopular with the other side of the aisle. However, the original intent of the R&D Tax Credit in the Kemp-Roth Tax Cuts (Economic Recovery Tax Act, or “ERTA”) of 1981 was not to create a legislative chess piece so politicians could quibble over “budgetary constraints”. The intent was to provide a tax break for businesses and simultaneously encourage domestic innovation by U.S. taxpayers.

Do Your Activities Meet the 4-Part Test?

  • Permitted Purpose

    Activities must be done in an attempt to improve the functionality, performance, reliability, or quality of new or existing products or processes.

  • Elimination of Uncertainty

    Activities must seek to eliminate a technical uncertainty concerning the development or improvement of a product or process.

  • Process of Experimentation

    Qualified activities are those undertaken to eliminate uncertainties through a process of experimentation including testing, modeling, simulation, or systematic trial and error.

  • Technological in Nature

    Activities must fundamentally rely on the principles of the physical or biological sciences, engineering, or computer science.

Benefits of R&D Tax Credit

“The ability for early-stage small businesses like Desicio to finally use their R&D Tax credit is huge for the startup community. With minimal effort, Probity Tax Recovery saved us over $200,000 in payroll taxes.”

Hari Radhakrishnan, CO-CEO of Desicio Health, Inc