R&D Tax Rules 2025: OBBBA Act Brings Back Immediate Deductions

Running a business and investing in new ideas that’s what keeps you competitive. And for years, the US tax code made it easy to get a tax break for that innovation. But lately, things have gotten complicated.
In this guide, we’ll walk you through the big changes to R&D tax deductions, explain what they mean for your business, and share some good news about a new law that could change things again for the better.

The Old Days: Easy R&D Tax Deductions (Before 2022)

Before 2022, the tax rule for R&D was simple and great for businesses: you could immediately deduct your R&D expenses in the same year you spent the money.

This was a huge benefit. If you spent $100,000 on research, you could lower your taxable income by that full amount right away. It was a big incentive to keep innovating.

The Big Change: What Happened in 2022?

Starting with the 2022 tax year, this changed completely. The old rule went away, and now most businesses are required to capitalize and amortize their R&D costs.

What does that mean?

  • For R&D in the US: You now have to spread your deduction out over five years.
  • For R&D outside the US: You have to spread it out over 15 years.

This shift means you can’t get the full tax benefit of your R&D spending right away. Instead of getting a big deduction in year one, you get a smaller deduction each year for several years. This can have a big impact on your company’s cash flow and bottom line.

Capitalization vs. Expensing: What’s the Difference?

Imagine you buy a new piece of office software for $1,000. Under the old rule (expensing), you would deduct the full $1,000 from your income this year.

Now, imagine you build a new testing lab for $50,000. You can’t deduct that all at once. The IRS says you have to “capitalize” it and deduct a portion of the cost each year for a set period (amortization). The new R&D rules treat your research costs more like building that lab than buying a piece of software.

Good News on the Horizon: The OBBBA Act

Fortunately, help is on the way. A new law called the Omnibus Bill Bipartisan Act (OBBBA) is expected to be passed. It’s designed to bring back the old, business-friendly rules.

The OBBBA's Key Promises

If the OBBBA becomes law, businesses would once again be able to immediately deduct their domestic R&D costs.

  • You could deduct the full amount in the year you spent it.
  • The 15-year rule for foreign R&D would likely stay in place.
  • This would apply to expenses paid after December 31, 2024.

Special Help for Small Businesses

One of the best parts of the OBBBA is a special provision for small businesses.

  • Who Qualifies? Businesses with an average of $31 million or less in gross receipts over the last three years.
  • What’s the Benefit? These businesses can retroactively expense their R&D costs for the 2022 and 2023 tax years.
  • How? You would have to file amended tax returns to claim these deductions. This is a huge opportunity to get back taxes you paid!

This is why it’s so important to stay informed. Planning ahead could mean significant tax savings for your company.

To learn more about how you can reduce your taxes and save money, check out the helpful resources on our blog or contact us today to schedule a consultation.

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