Texas’ HB 800 R&D Tax Incentives Bill reinstated the state’s popular research and development tax credit (R&D Tax Credit), which had previously been eliminated in 2006. The new R&D incentive, effective for tax reports due on or after January 1st, 2014,...
On Friday December 18, 2015, the President signed into law what normally would be a ‘tax extenders’ bill but with respect to the R&D tax credit, the credit was made permanent and no longer will expire every year or two. Companies can now rely on the R&D tax...
In a recent Field Attorney Advice (FAA) memo 20154501F, the IRS took a different approach to auditing this R&D tax credit claim. In this case, a CEO in charge of a group of companies was claimed at 60% qualified in supporting the companies’ R&D activities and...
The general rule for R&D tax credit documentation is found under IRC 6001 – a taxpayer must retain documentation in usable form to substantiate (in this case the R&D tax credit), and IRS typically wants to see evidence of the R&D in the form of...
A new decision from the Court of Federal Claims in Dynetics v. United States asks the question what type of research is considered funded research for the R&D tax credit. In Dynetics, the taxpayer did not retain substantial rights to the research or was not...