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Latest Tax Incentives News & Updates

 

 

Current Congressional Bills
Info and Status

 

Below is the latest news and updates regarding the current legislation that has been introduced to reverse the TCJA implementation of Section 174 and restore the R&D Tax Credit to fully support innovation and economic development and provide a significant tax savings incentive for doing so.

 

 

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The New IRS R&D Form 6765 Is Here – What It Means for Your Business

 

The IRS just released major updates to Form 6765, adding new upfront requirements for claiming the R&D Tax Credit. If your business depends on these credits, here’s what you need to know: 

 

Key Changes: 

 

  • More Documentation, More Complexity – The IRS now requires additional reporting on qualified expenses, research activities, and business components right from the start. 
  • Stricter Wage Classification – Businesses must separate direct R&D labor, supervisory roles, and support staff—meaning better tracking systems are a must
  • Increased IRS Scrutiny – The IRS is tightening compliance with these changes. Mistakes could lead to claim delays or lost credits.
  • New Sections (Including Section G) – Optional for 2024, but mandatory in 2025—businesses need to act now to stay compliant. 
  • ASC 730 Directive Opportunity – If your business qualifies, this can streamline documentation and reduce compliance burdens. 

 

💡 What Should You Do Next? 

 

Let's Discuss

 

Latest News – May 22, 2025

 

House Advances “One Big, Beautiful Bill Act” – Major Tax Provisions Clear Key Hurdle

This morning, the U.S. House of Representatives passed President Trump’s signature reconciliation package—the One Big, Beautiful Bill Act. While revisions are anticipated in the Senate, the vote represents a major milestone in advancing sweeping, pro-growth tax reforms.

What This Means for Business Leaders:

• Extension of 2017 tax cuts for individuals and corporations
• 100% R&D expensing (Section 174) from 2025–2029
• 100% bonus depreciation through 2029
• QBI (Section 199A) deduction raised from 20% to 23%
• SALT cap increased to $40K for households earning under $500K
• Federal tax elimination on tips, overtime, and auto loan interest
• Child Tax Credit increased to $2,500 through 2028
• Creation of new $1,000 “Trump Accounts” for children born 2024–2028

What’s Next:

• June: Senate takes up the bill with potential revisions
• July: Target date for final passage and signature
• R&D expensing likely to be a central point of Senate negotiation

Speaker Mike Johnson and House leadership successfully unified the GOP caucus—achieving a critical legislative win and accelerating momentum for business-friendly tax policy.

We’re closely monitoring the next phase in the Senate. Reach out if you’d like to discuss how these proposals could affect your tax planning or growth strategy.

May 19, 2025

House Budget Committee Advances Tax Relief Bill with Major R&D and Small Business Provisions

On Sunday, May 18, 2025, the House Budget Committee narrowly approved a GOP-led reconciliation bill—advancing long-awaited tax relief measures for innovative and capital-intensive businesses.

The proposal includes key incentives:

• Full, immediate expensing for R&D costs (Section 174)
• Expanded 199A deductions for pass-throughs
• 100% bonus depreciation through 2029
• Increased Section 179 expensing limits for small businesses

With a full House vote expected before Memorial Day, negotiations are intensifying this week.


Read the full update and see what’s at stake.

April 30, 2025

 

R&D Expensing Remains in Play as House Eyes Memorial Day Vote 

Momentum builds for tax reform as House Republicans push reconciliation package forward. Speaker Mike Johnson has confirmed that final committee work is underway, targeting a House floor vote the week before Memorial Day.

 

What This Means for Innovative Businesses:

• R&D expensing is still under active consideration
• Final committee markups begin the week of May 6
• Economic signals are fueling urgency for pro-growth tax policy

• July 4 remains the target for full passage of the package

 

Timeline to Watch:

• Week of May 6: Final House committee markups

• Week of May 13: Budget Committee assembles the full package
• Week of May 20: Tentative House vote on reconciliation

• June–July: Senate negotiations and final passage efforts

 

Treasury Secretary Scott Bessent indicated this week that the administration is aligned on the July 4 deadline — an ambitious but realistic goal as negotiations progress.

We’re continuing to monitor updates and will share more as the legislative picture becomes clearer. Stay tuned — and reach out if you’d like to explore how these changes could impact your business.

 

 

April 11, 2025

 

House Passes Budget That Paves Way for Permanent R&D Tax Relief

Narrow 216-214 House vote is a big win for American innovation.
The budget deal unlocks the path to permanently extend key provisions from the 2017 tax law — including long-awaited fixes to Section 174 and R&D expensing.

 

For startups and tech-driven businesses, this means:

• No more 5-year amortization hurdles
• A return to full, immediate expensing of R&D costs
• Greater certainty for long-term investment in U.S. innovation

This is a huge step and we’ll continue to update. Stay Tuned!
Read More

 

 

April 5, 2025

 

Senate Advances Budget Resolution: What It Means for Tax Policy

 

Over the weekend, the Senate passed a revised budget resolution in a narrow 51–48 vote, advancing President Trump’s domestic agenda—including tax cuts and spending priorities. The resolution now heads to the House, where internal divisions threaten to stall progress.

Key Developments to Watch:

  • House vs. Senate Spending Cuts – Competing visions for fiscal restraint are causing friction among Republicans.
  • Entitlement & Medicaid Reform Pushback – Concerns from moderates and budget hawks could delay consensus.
  • Debt Limit and Reconciliation Strategy – Gaining access to reconciliation remains critical for enacting tax changes with a simple majority.
  • Market Volatility – Uncertainty around tariffs is adding pressure to negotiations and public messaging.

 

The House Rules Committee will consider the resolution today, with a floor vote expected by midweek. Expect a wave of negotiations, lobbying, and political posturing in the days ahead as lawmakers race to pass the measure before the Easter-Passover recess.
Read More

 

 


March 14, 2025

Senate Passes Funding Bill: What’s Next for Tax Policy & R&D Expensing?

 

On March 14, 2025, the Senate passed a six-month funding bill in a 54-46 vote, narrowly avoiding a government shutdown. The bill, which now awaits President Trump’s signature, trims non-defense spending by $13 billion while increasing defense spending by $6 billion.

 

However, tax policy changes—such as restoring immediate R&D expensing under Section 174—were not included, meaning further legislative action is needed.

 

Momentum for R&D Expensing Reform:

  • American Innovation and R&D Competitiveness Act of 2025 Introduced – On March 10, lawmakers introduced a bipartisan bill to restore full R&D expensing retroactive to 2022, reversing the amortization requirement from the 2017 Tax Cuts and Jobs Act.
  • Budget Resolution Supports Tax Reforms – The House Budget Committee’s FY 2025 plan, passed in February, includes a $4.5 trillion tax-cut blueprint. A key component is the elimination of Section 174 amortization, allowing businesses to immediately deduct R&D expenses—a move aimed at strengthening U.S. innovation and competitiveness.

 

With the government funded for six more months, lawmakers now have an opportunity to prioritize tax policy. While bipartisan support for R&D expensing reform is growing, the timeline remains uncertain.

 

 

 

March 5, 2025

 

 

Trump Outlines Economic Plan: Key Tax Changes & Business Impacts

In his first major address since returning to office, President Trump proposed sweeping tax cuts, new tariffs, and incentives for U.S. businesses. Key proposals include permanent tax cuts, expanded expensing provisions, and a new auto loan interest deduction for U.S.-made vehicles. Additionally, reciprocal tariffs on imports are set to take effect April 2, 2025, potentially impacting global supply chains. As Congress begins reviewing these proposals, businesses should assess potential financial and tax implications. Read more.

 

February 26, 2025

 

 

Breaking News: House Passes Budget Resolution, Setting the Stage for Key Changes for Businesses

The House has passed a budget resolution, setting the stage for major tax changes impacting businesses. Expected provisions in the upcoming reconciliation bill include the restoration of immediate R&D expensing, the extension of 100% bonus depreciation, and business interest deduction relief. As the Senate reviews amendments, businesses should prepare for potential impacts. Read more.

 

 

February 14, 2025

 

 

IRS Updates Form 6765: New Documentation and Reporting Rules for R&D Tax Credit Claims

 

The IRS has finalized Form 6765 (Rev. December 2024) with major updates, increasing the detail required for research tax credit claims. Key changes include Sections E-G, which introduce new reporting on business components, officer wages, acquisitions, and detailed breakdowns of research costs. Section G, optional for 2024 but mandatory for larger companies in 2025, requires extensive documentation of research activities, reflecting recent tax court rulings emphasizing the need for precise record-keeping. Read More

January 13, 2025

 

 

Exciting News: Michigan Enacts a New R&D Tax Credit for 2025

 

Michigan has reintroduced an R&D tax credit for the first time since 2012, along with a $60 million Innovation Fund to boost innovation and economic growth. With refundable credits, special incentives for small businesses, and collaboration bonuses for partnering with Michigan universities, this program offers incredible opportunities for businesses of all sizes. Curious how your business can benefit? Read More

 

 

December 17, 2024

 

 

IRS Scrutiny in 2024: Preparation Tips for Businesses

 

The IRS is ramping up audits on programs like the Employee Retention Tax Credit (ERTC) and Section 174 claims, putting businesses under heightened scrutiny. While legislative changes, such as the potential repeal of Section 174, are anticipated, companies must adhere to current compliance requirements through 2024. Deadlines, including April 15, 2025, for amending payroll tax filings to claim the ERTC for 2021, remain critical. Proactive planning with tax consultants can help businesses safeguard incentives, strengthen documentation, and stay ahead of evolving tax laws. Read More.

 

 

 

November 14, 2024

 

 

Post-Election Analysis: What a GOP White House and Republican-Controlled Senate and House Mean for Key Tax Incentives

 

With President-elect Trump and a GOP-controlled Congress, significant tax policy shifts are on the horizon. Early action on Section 174 is expected, potentially reversing the five-year amortization of domestic R&D expenses. While green energy incentives like Sections 179D and 45L are available for 2024 filings, future changes may tighten wage and apprenticeship requirements. Cost segregation strategies remain stable, but enhanced IRS scrutiny on fraudulent Employee Retention Tax Credit (ERTC) claims could fund GOP tax priorities. Businesses should act now to maximize current tax benefits and prepare for legislative updates. Read More.

 

 

 

 

August 1, 2024

 

U.S. Senate Fails American Businesses 

 

On August 1, 2024, the Senate failed to prioritize the financial challenges facing American businesses under the current Section 174 rules. Despite the overwhelming House approval of H.R. 7024 (The Tax Relief for American Families and Workers Act) six months ago, with a 357-70 vote, the Senate declined to move forward with a vote on the bill.

 

This inaction comes after 1,171 small businesses from across the U.S. signed a letter urging Senate leaders to address the negative impact of Section 174. Business owners described having to make drastic financial decisions, such as borrowing, incurring debt, and laying off staff, to pay their taxes. If the rules are not changed soon, many fear additional layoffs, closures, or bankruptcies.

 

H.R. 7024 would restore the previous, more business-friendly Section 174 rules, but the Senate’s inaction leaves many businesses in jeopardy. ABGI encourages all business owners affected by the current Section 174 regulations to contact their Senators and share the detrimental effects on their companies.

 

ABGi continues to support its clients with innovative strategies to navigate these challenges and remains at the forefront of advocating for reform that supports U.S. businesses and protects jobs. For more information and resources to contact your Senators, click here.

 

 

 

 

May 8, 2024


Sec. 174 Fix Looking to Find a Home in the FAA Bill

 

Senator Finance Chair Ron Wyden (D-OR) has recently stated that he is seeking to attach H.R. 7024, The Tax Relief for American Families and Works Act of 2024, as an amendment to the FAA reauthorization bill. H.R. 7024 overwhelmingly passed the House with a vote of 357-70 back on January 31st but opposition by some GOP members has stalled its progress in the Senate. H.R. 7024 includes restoration of immediate expensing of R&D related costs and removal of the amortization requirement that went into effect starting tax year 2022.

 

Sen. Wyden has been continuously attempting to forge a path that allows for H.R. 7024 to pass the Senate and head to the President’s desk for signature. The FAA needs to be reauthorized by May 10th but the Senate has already indicated the potential for a short-term extension of that May 10th deadline.

 

Senator Crapo (ID-R) has been the main opponent of H.R. 7024 and will very likely object to adding the tax bill to the FAA legislation. However, Sen. Crapo has been encountering some additional pressure from his fellow GOP members which may help provide an avenue for an agreement to be struck.

 

If you have any questions about how this update impacts your business, please contact us.

 

 

 

 

January 31, 2024

 

Section 174 Fix Passed by the House

 

H.R. 7024 (The Tax Relief for American Families and Workers Act of 2024), which includes the repeal of the current Sec. 174 rules, was passed by the House of Representatives by a vote of 357-70. This pivotal bill restores the ability of American businesses to fully deduct research and development expenses in the year they were incurred.

Notably, the bill is retroactive to tax year 2022, allowing American business owners who experienced a significant tax hike in 2022 due to the existing rules to benefit from additional tax savings.

 

The bill now moves to the Senate for consideration and then to the President’s desk. We will be closely monitoring the situation and providing updates on new developments. For further details, access the news article here and reserve your spot for our upcoming webinar, where we’ll discuss the legislation’s implications.

 

 

January 19, 2024

 

House Reaches Deal on Sec. 174 Fix and Is Retroactive 2022

 

On Wednesday, January 16th, the House of Representatives announced a bipartisan agreement on a tax package known as the Tax Relief for American Families and Workers Act of 2024. The agreement includes the repeal of the current Sec. 174 rules and the restoration of immediate expensing for research and development expenses. Notably, the bill is retroactive to tax year 2022, allowing American business owners who experienced a significant tax hike in 2022 due to the existing rules to amend their 2022 tax returns. This presents an opportunity for them to potentially benefit from substantial tax savings.

 

We anticipate the bill to be submitted for consideration and a vote by the House by January 29th, after the drafting and markup process is complete.  This is fantastic news for American businesses, and we will be closely monitoring the situation and providing updates on any new developments.

 

 

A link to the preliminary bill can be found here: The Tax-Relief for American Families and Workers Act of 2024 – Technical Summary

 

Tax Relief for American Families and Workers Act of 2024 (H.R.7024)

 

 

  • Allows R&D expenses to be deducted in the tax year they were incurred through tax year 2025.
  • Is retroactive to tax year 2022
  • February 1, 2024 – Bill was received in the Senate
  • January 31, 2024 – Bill was passed by the House of Representatives by a vote of 357-70
  • January 19, 2024 – Bill was introduced by Representative Jason Smith (R-MO)

American Innovation and R&D Competitiveness Act of 2023 

 

  • H.R. 2673 was introduced April 18, 2023
  • Allows R&D expenses to be deductible in the year they were incurred
  • Is retroactive and would apply to tax year 2022
  • Was incorporated by amendment into the Build it in America Act (H.R. 3938), but still remains as a standalone bill.
  • Presented for consideration by House Ways & Means Committee

 

Illustration of Current Status of Bill

 

Cosponsor Count: 213

 

Current Cosponsors: Click HERE for a full list of the House bill cosponsors.

Close Up of Business Woman Working With Documents

American Innovation and Jobs Act

The American Innovation and Jobs Act (S.866) was introduced in the Senate in March with broad bipartisan support.

 

  • Allows businesses to fully deduct R&D expenses in the year they are made, as well as expand the non-refundable research and development (R&D) tax credit
  • Introduced on March 16, 2023, by Senators Maggie Hassan (D-NH) and Todd Young (R-IN)
  • Referred to the Senate Finance Committee for action

 

Illustration of Current Status of Bill

 

Cosponsor Count: 43

 

Current Cosponsors: Click HERE for a full list of the Senate bill cosponsors

 

Securing America’s R&D Advantage Act

 

  • The bill revises and expands the deductibility of research and experimental expenditures to allow immediate expensing of such expenditures.
  • The bill increases the maximum amount eligible for the tax credit for new and small businesses and increases to 20% the rate of the credit for business startups.

 

ABGi US Tax Reform

Protect American Jobs & Innovation

 

 

A change in the tax treatment of research and experimentation (R&E) expenses that went into effect on January 1, 2022, has significantly negative impacts on American employers. While the Tax Cuts and Jobs Act of 2017 (TCJA) essentially lowered taxes for American businesses, the bill also modified Internal Revenue Code (IRC) Section 174 regarding the treatment of R&E expenditures.

 

The modification requires research expenses to be capitalized and amortized over multiple years (five years for U.S.. based expenses and 15 years for foreign research expenses). As a result, many small- and medium-sized businesses face 2022 tax bills that are four times more expensive on average than in previous years. What is worse is that U.S. companies that are doing the most to keep America at the forefront of innovation are the ones getting hit the hardest by this change in tax treatment. The more significant the investment in R&E, the larger the tax hike in 2022.

 

While some Members of Congress are aware of the negative impacts of Sect. 174, there was a general belief this issue would “go away.” However, as the implementation date neared, Congress needed to take appropriate action to repeal this legislation, and companies are now faced with significant unplanned expenses.

 

Senators Hassan (D-NH) and Todd Young (R-IN) recently introduced a bill in the Senate (S.866) that would reverse the TCJA implementation of Sect. 174 allows businesses to fully deduct R&E expenses in the year they are made and expand the refundable research and development (R&D) tax credit.

 

Congressmen Ron Estes (R-KS) and John Larson (D-CT) have recently reintroduced the American Innovation and R&D Competitiveness Act, which will allow R&D expenses to be deductible in the year they were incurred.

 

Congress must act now on this legislation, enabling small- and mid-size businesses to continue investing in innovation, saving jobs, and protecting America as the world leader in innovation.

 

 

IRC Section 174 Overview and TCJA Implications

 

 

Congress passed IRC Section 174 in 1954 to allow for the immediate deduction of expenses related to research and experimental expenditures. The rationale behind this policy was clear — encourage competitive STEM applications and drive innovation within the United States.

 

For nearly seventy years, this policy remained unchanged – until now. Under the TCJA, U.S.-based research and experimental expenditures must now be amortized and deducted over five years; however, because of how the legislation is written, it turns into a deductible period of 6 years (given the “mid-year convention” in the legislation).

 

The unintended consequences of amortization are crippling small and mid-sized businesses. Every tax year through 2021, taxpayers could fully deduct all research expenses. Beginning in the tax year 2022, TCJA requires amortizing these expenses. Due to the mid-year convention, taxpayers can only deduct 10% of those expenses for the year they are incurred. As a result, the taxpayer’s ordinary business income increases, exponentially increasing overall tax liability.

 

This new amortization policy is not only anti-business but also acts anti-worker as these businesses will be forced to cut payroll through layoffs or close their doors. Perhaps most disappointing in this legislation is that the more research and development a US company undertakes, the more detrimental the overall impact. Thus, the unintended consequences will likely result in millions of layoffs of high-quality STEM jobs while punishing small and mid-size companies that invest in U.S. innovation.

 

 

Other News

 

 

On Friday, September 8th, the IRS released IRS Notice 2023-63, entitled “Guidance on Amortization of Specified Research or Experimental Expenditures under Section 174.”

 

Due to a change in the tax treatment of research and experimentation expenses, commonly referred to as Section 174, many small- and medium-sized businesses now face 2022 tax bills that are, on average, four times more expensive than previous years.

 

The first item of note to consider while reading the below commentary is that Notice 2023-63 specifically states that the pertinent sections of the notice “would apply for taxable years ending after September 8, 2023”.  This means that for any 2022 tax year returns filed up to this point or with tax years ending after the prescribed date, the guidance included in the Notice isn’t authoritative.  Although 2023-63 does state that taxpayers may feel free to use it for 2022 tax return filings.  However, taxpayers must still include certain direct expenses, such as wages, supplies, contractor costs, etc. as Section 174 expenses in any current tax return filings.

 

The focus of Notice 2023-63 is to provide insight as to the type of costs that should be evaluated for inclusion as Section 174 expenses.  This includes confirmation of certain costs that have been typically recognized as Section 174 expenses in addition to overhead costs. The overhead expenses listed in the Notice include such items as:

 

  • “Rent, utilities, insurances, taxes, repairs and maintenance costs, security costs, and similar overhead costs with respect to facilities, equipment, and other assets used in the performance of SRE activities or in the direct support of SRE activities.”
  • The Notice also includes a provision for the inclusion of “Travel costs for the performance of SRE activities or the direct support of SRE activities.”

 

The inclusion of these additional expenses and the allocation methods to determine the extent these costs should be included as a Section 174 expense are, in ABGi’s opinion, incredibly burdensome on the taxpayer and penal in nature.

 

As a result of Notice 2023-63, tax year 2022 filers are presented with a number of questions about how they should approach determining Section 174 expenses.  Some of the most pertinent are as follows:

 

Is there a reasonable argument to exclude the overhead costs outlined in the Notice?  The guidance is clear that the applicability is for tax years starting on 9/8/23 and later.  It simply states that a taxpayer may choose to use the rules for tax years between 1/1/22 and 9/7/23.  Because the guidance does not explicitly state that a 2022 filer must follow the rules, there is an argument that a filer with a reasonable calculation of 174 expenses will be in a defensible position.

 

Is there a reasonable argument that a taxpayer may calculate Section 174 expenses in various manners as long as it is considered reasonable?  The Notice does provide example methodologies for determining Section 174 expenses for various categories of costs.  While the Notice does not specifically state the costs must be determined using these methodologies, it does state on several occasions that whichever methodology the taxpayers utilize must be used consistently for determining Section 174 expenses in similar categories of expenses.

 

Current Legislation and Next Steps

Legislation has been introduced in both the House and Senate to address the issue, however, Congress has failed to act. The American Innovation and Jobs Act (S.866) was introduced in the Senate with broad bi-partisan support, led by Senators Maggie Hassan (D-NH) and Todd Young (R-IN). Companion legislation, the American Innovation and R&D Competitiveness Act (H.R.2673), was introduced in the House by Representatives Ron Estes (R-KS) and John Larson (D-CT). These bipartisan pieces of legislation would allow businesses to fully deduct R&D expenses in the year they are made, as well as expand the non-refundable R&D tax credit.

Without Congressional intervention, American companies will continue to be pummeled by high taxes and punished for innovation. By the IRS’s own guidance, a company spending approximately $1M in R&D will be forced to pay an additional $345,000 in taxes.

 

Related News: Current Section 174 Legislation: Restoring the Future for American Businesses 

 

 

On July 11th, the Joint Committee on Taxation provided its report on the macroeconomic analysis of the Build It in America Act (H.R. 3938).  Along with various other legislative items, H.R. 3938 restores a taxpayer’s ability to immediately deduct research and experimental expenditures during the year they were incurred through repealing the current Section 174 rules requiring taxpayers to amortize domestic research and experimental expenditures over a five-year period.

 

It comes as a surprise to no one that the committee determined that the bill would have a minimal impact on the nation’s $23 trillion Gross Domestic Product over the 10-year budget window.  However, the committee estimated that all the bills included in H.R. 3938 would increase Federal revenues by approximately $157 billion over that same period.

 

While the scope of the report was to provide an analysis of the macroeconomic effects of the Build It in American Act should it become law, it is vitally important to be reminded of the current circumstances American businesses will continue to experience should it not pass.  The new Section 174 rules are resulting in American business owners facing 2022 tax bills up to triple what they otherwise would be.  As American employers are handing over upwards of 300% more of their cash to the US government, they are faced with figuring out how to cut costs to remain competitive or even just stay afloat.  This very likely includes the prospect of cutting jobs or outsourcing work outside the US.

 

One of the main purposes of section 174 is to help foster “research or experimental expenditures”.  However, the new section 174 rules are actively discouraging and effectively penalizing companies for incurring these costs because of the significant tax increase they may face as a result.  Congress needs to act now and stand up for American businesses by repealing the harmful rules section 174 now includes.

 

 

On June 7th, Congresswoman Rosa DeLauro (D-CT) reintroduced the American Family Act which includes substantial legislation involving the child tax credit.  This bill looks to be the official reintroduction of the expanded child tax credit legislation and serves as the legislative vehicle to negotiate the R&D tax credit provisions.  While legislative details are not yet available, stay tuned for additional details as they become available.

 

The Senate Small Business Committee and the Senate Finance Committee held a joint roundtable to discuss tax complexity for small businesses. In this roundtable, Senator Ron Wyden specifically stated that R&D tax incentives must be paired with tax help for working families. It appears there were some candid exchanges between Republicans and Democrats about the continued negotiations on R&D and child tax credits. See the article here: Senate Roundtable.

June 7th also saw the CATO Institute publish a briefing paper that discusses how policies similar to the Section 174 amortization rules negatively impact American businesses.

 

In additional news, on Tuesday, June 6th, the House Small Business Committee Economic Growth, Tax, and Capital Access Subcommittee held a subcommittee hearing on the topic of American innovation and the US tax code. Subcommittee Chairman Dan Mueser’s opening statement is available here: Congressman Mueser Opening Statement. While not on the Small Business Committee, Congressman Ron Estes (original cosponsor of the American Innovation and R&D Competitiveness Act of 2023) attended the hearing to promote HR. 2673.

 

This article gives some additional insight into the hearing:  SBC Subcommittee Hearing.

 

 

Current Section 174 Amortization Rules Prevent Help for Struggling Illinois Farmers

 

Struggling Illinois farmers are looking for help in coping with recent environmental changes that is putting their livelihood at stake. The long-standing R&D tax credit would normally be one viable option in the search for relief. However, the current Section 174 amortization rules actually disincentivize Illinois farmers from claiming the R&D tax credit to help recoup the costs associated with addressing this issue. The current rules would very likely result in a higher federal tax bill.

 

The current Section 174 amortization rules went into effect 1/1/2022. These rules require any business expenses that could be considered research or experimental costs be amortized over five years instead of being immediately deductible in the tax year they were incurred. The IRS has stated that this would be the case regardless of whether the taxpayer was claiming the R&D tax credit or not. This requirement to amortize these expenses can result in a significant increase in a taxpayer’s taxable income followed by a jump in their tax bill. All because, in the case of Illinois farmers, they incurred costs in trying to improve crop yield and crop hardiness. Farmers are already operating under extremely tight profit margins and any effort that may take away from the bottom line can seem not worth the risk. Efforts in evaluating the effectiveness of alternative tilling practices, fertilizers, soil amendments or crop rotation programs take time as well as precious farmland if test plots are utilized.

 

The R&D tax credit was designed to incentivize companies to continuously improve upon their existing practices and benefit from the costs incurred associated with those efforts. However, the current Section 174 amortization rules go completely contrary to that intent and can punish companies in the form of higher tax bills. Illinois farmers will be looking for ways to prevent their current struggles in the future but, under the current rules, will likely find that they cannot afford it due to the higher tax bill they will be facing due to their efforts potentially being considered as research expenses.

 

At ABGi, we have been fighting for American businesses and the repeal of the current Section 174 amortization rules. Lawmakers need to realize how much of a negative impact these rules have on American businesses including American farmers. Illinois Senators Richard Durbin and Tammy Duckworth must take a stand with Illinois farmers. The most readily available and effective way is for them to become a cosponsor of the American Innovation and Jobs Act of 2023 (S. 866) which seeks to repeal these harmful new rules.

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