Rethinking R&D Strategies: The Impact of the OBBBA on Business Taxation

Research and experimental (R&E) expenditures serve as vital drivers of innovation and growth across many sectors. Traditionally, these expenses have been leveraged in tax policy to bolster innovation by allowing firms to deduct them, subsequently lowering taxable income. This dynamic underwent a transformative change with the enactment of the One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025.

This groundbreaking legislation has crucial implications under the newly minted Internal Revenue Code (IRC) Section 174A, as it permanently restores the ability of businesses to immediately write-off domestic R&E expenses. This reinstates a significant tax incentive that was previously curtailed by the Tax Cuts and Jobs Act (TCJA) of 2017. However, the OBBBA maintains stringent capitalization requirements for foreign R&E activities, potentially causing multinational entities to reconsider their research locations.

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Defining R&E Expenses

R&E expenses, widely recognized as R&D costs, are expenses incurred in the creation or enhancement of products, including software development. The typical expense categories embraced by the IRS include:

  • Employee wages for research-related work.

  • Materials and supplies utilized in research.

  • Contractor fees for external research.

  • Overhead, like facilities rental and utilities, associated with R&E efforts.

The IRS broadly defines these expenses, intending to encourage a spectrum of innovative undertakings.

A Brief History of R&E Expensing

Prior to TCJA amendments affecting tax years after December 31, 2021, businesses could opt to immediately deduct R&E expenses or amortize them over a 60-month period under the former Section 174. This flexibility significantly benefited cash flow for innovation-driven enterprises. The TCJA change mandated capitalization and amortization over five years domestically and 15 years for international research starting 2022, which imposed substantial tax burdens, especially on pre-revenue startups.

OBBBA: Realigning Domestic vs. Foreign R&E Policies

The OBBBA, effective for tax years post-2024, redefines the tax treatment landscape:

  • Domestic R&E Expenditures: Businesses are now empowered to deduct 100% of these expenses immediately in the year incurred, harkening back to pre-2022 favorable conditions that incentivize conducting research stateside. There remains an election to capitalize these costs if necessary.

  • Foreign R&E Expenditures: The 15-year amortization requirement persists, without immediate recovery for foreign R&E upon property disposition post-May 12, 2025, prompting potential strategic realignments for multinational corporations.

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Strategic Options to Expedite Amortized Expenses

The OBBBA offers essential transitional relief for expenses capitalized during 2022-2024, allowing taxpayers to advance their deductions from 2025 onwards:

  • Option 1: Full Expensing in 2025: Deduct the entire unamortized balance for domestic R&E costs immediately.

  • Option 2: Two-Year Deduction: Apply deductions evenly over 2025 and 2026.

  • Option 3: Continuation of Amortization: Maintain the five-year amortization schedule.

  • Eligible Small Businesses: These entities can file retroactive amendments for full expensing back to tax years post-2021, potentially reclaiming overpaid taxes by July 4, 2026.

Navigating Intersection with Other Tax Provisions

The amended expensing rules have substantial interactions with other tax provisions, such as net operating loss (NOL) and bonus depreciation, necessitating comprehensive modeling of tax strategies. Lizza & Carullo CPAs & Advisors are poised to guide you through leveraging these provisions to lower tax liabilities.

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To simplify compliance, the IRS has made transitioning to these new rules an automatic change in accounting method, as detailed in Rev Proc 2025-28, where making these election changes only requires attaching a statement to your tax return instead of submitting Form 3115.

Contact Lizza & Carullo for tailored strategies that maximize efficiency and yield financial control while aligning with your broader financial objectives.

Gain Year-Round Financial Clarity and Confidence
Partner with Lizza & Carullo CPAs & Advisors for ongoing guidance, proactive tax planning, and strategic financial support. Whether you’re growing a business or navigating personal taxes, our year-round advisory approach helps you stay organized, tax-efficient, and in control — with a team that’s here when you need us, not just at tax time.
Schedule Your Discovery Call
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