by admin | Jun 30, 2012 | Blog
This week the IRS released a new Chief Counsel Advisory Opinion (CCA) regarding Online Software and Section 199. The key issue was applying the exception for software that is ‘substantially identical’ available from third parties via download or shrink-wrap. Thus, a...
by admin | Apr 24, 2012 | Blog
In a recent TC Memo case, the Tax Court determined that certain higher level individuals within a cosmetics company did not materially participate in the R&D process (or at least did not prove they participated) to substantiate their R&D claim. In Basim Shami...
by admin | Feb 17, 2012 | Blog
The Senate Finance Committee is currently weighing whether to include any expired business tax credits in with the payroll tax, including the R&D tax credit. However a vote appears likely on the payroll tax cut on Friday with no inclusion of the R&D credit in...
by admin | Feb 8, 2012 | Blog
In a ruling dated February 6, 2012, the District Court for the Western District of Pennsylvania has denied Bayer’s Amended Motion for a Case Management/Protective Order Based on Statistical Sampling in its R&D credit case. Bayer is one of the largest...
by admin | Feb 3, 2012 | Blog
In a new Field Directive issued February 1, 2012, the IRS has provided examiners guidance on reviewing facts to determine which party to a transaction has the benefits and burdens of ownership in order to claim the Section 199 Domestic Production Manufacturing...
by admin | Dec 2, 2011 | Blog
If an activity is “Funded” the taxpayer does not have financial risk and cannot claim the research credit for the project’s costs. However, if the payment is contingent upon successful completion of the work, then the taxpayer/contractor is at risk and the...
