What the R&D tax credit is, and who can use it
A federal credit for qualified research, usually wages: what it is, the three places it can go, and why a tool reseller doesn't get one.
The R&D tax credit is the federal credit for increasing research activities, IRC §41. It pays a company back part of what it spends on qualified research: mostly the wages of the people doing it. A credit cuts tax dollar for dollar. A deduction only lowers the income the tax is figured on, so at the 21% corporate rate a dollar of credit is worth about 5 dollars of deduction.
The catch for a startup is that it usually owes no income tax. It loses money, so it has a net operating loss and nothing for an income tax credit to cut. That leaves three places the credit can go.
- ResearchWages, supplies and contract research on qualified work.
- Credit figuredForm 6765, with the income tax return.
- Payroll electionA qualified small business can take it against payroll tax.
- Income tax or carryforwardWhatever is left: against income tax now, or carried.
Against income tax
- Good at
- No election and no five-year window
- Used on the same return that figures it
- Watch for
Needs income tax to offset, which most startups don't have
- Best for
- A company with taxable income
Payroll election
- Good at
- Turns the credit into cash this year, as lower payroll tax
- Doesn't need taxable income
- Watch for
- Only for a qualified small business: under $5,000,000 of gross receipts and none more than 5 years back
- Up to $500,000 a year, for at most 5 years
- Only on a timely filed original return; it starts the quarter after the return is filed
- Best for
- A young company with little revenue and a payroll
Carry it forward
- Good at
- Unused credit carries back one year and forward twenty
- Nothing to elect
- Watch for
- Worth nothing until there's income tax to offset
- An ownership change can limit carryforwards later
- Best for
- A company that expects to be profitable
Northwind, honestly
Lesson by lesson, the track works that year through: which work qualifies, which costs count ($251,700 of them), how the credit is computed ($15,102), how it comes back through payroll in 2 quarters, what Form 6765 asks for, how Section 174A treats the same costs, the records it stands on and how it sits on the books.
For a startup the research credit is usually worth most against payroll tax, because there is no income tax for it to cut.
Where this lesson's rules come from
The sources behind this lesson's requirements, by kind. Background reading explains; it is never the authority for a rule. Anything marked as a convention is ours, not the rule-maker's.
- Federal statute
- IRC §39(a)(1) (opens in a new tab)Unused business credits: carried back 1 year and forward 20Free to read
- IRC §41(d)(4)(A) (opens in a new tab)Activities for which the credit is not allowedFree to read
- IRS guidance
- IRS, Qualified small business payroll tax credit for increasing research activities (opens in a new tab)The payroll election must be on a timely filed original returnFree to read
- Background reading — not an authority
- Wikipedia, “Research & Experimentation Tax Credit” (opens in a new tab)The credit's history, from the Economic Recovery Tax Act of 1981 to the PATH ActFree to read
The words this lesson teaches
Each links to its glossary definition, which also names the authority behind it and the components that render it.
- Research creditA federal general business credit for qualified research expenses — computed on Form 6765 by the regular method or the alternative simplified credit, used against income tax, carried back one year and forward twenty when unused, or, for a qualified small business, elected against payroll tax
- Qualified researchResearch whose costs are §174A domestic research expenditures, undertaken to discover information that is technological in nature, intended to be useful in developing a new or improved business component, where substantially all (80% or more) of the activities form a process of experimentation for a functional purpose — applied to each business component separately, and excluding research after commercial production, adaptation, duplication, surveys, most internal-use software, foreign research, social sciences and funded research
- Business componentThe unit qualified research is tested and reported in: a product, process, computer software, technique, formula or invention held for sale, lease or license or used in the taxpayer's own business — listed one by one in Form 6765, Section G
- Net operating lossThe excess of tax deductions over gross income for a year. Federal NOLs arising after 2017 carry forward indefinitely, cannot be carried back (farming aside), and may offset only 80% of taxable income computed before the NOL deduction
- Payroll tax offsetAn election by a qualified small business — gross receipts under $5 million and none before the last five years — to apply up to $500,000 a year of its research credit against the employer share of Social Security and then Medicare tax. Elected on Form 6765 with a timely original return, claimed on Form 8974 from the next quarter
In the founder glossary
This lesson’s ideas, explained for the founder running the company. Each has an entry in the founder glossary.
See also
- The R&D tax credit and Section 174A for startupsEngineering salaries can earn a federal R&D credit against payroll tax, and Section 174A lets you deduct US research again. What qualifies, what to track.
- Form 1120The federal income tax return for a C corporation. It's due on the 15th day of the fourth month after year end, so April 15 for a calendar-year company; Form 7004 extends the filing, not the payment, by six months.