Scope of R&D Tax Credit Eligibility

Sample of R&D Industries

  • Aerospace
  • Agriculture
  • Automotive
  • Biotechnology
  • Chemical Engineering
  • Clothing
  • Cosmetics and Skincare
  • Digital Imaging
  • Distribution and Logistics
  • Electronics
  • Energy
  • Engineering and Construction
  • Food Manufacturing
  • Industrial Machinery
  • Injection Molding
  • Medical Devices
  • Metal Fabrication
  • Packaging
  • Plastic and Rubber
  • Precast Concrete
  • Printing Technology
  • Robotics
  • Software
  • Many More

THINGS TO CONSIDER BEFORE TAKING THIS JOURNEY ALONE?

Activities Must Meet The Four Tests

I. Business Component Test

The activity must relate to a new or improved product, process, software, or technique that improves:

  • Function
  • Performance, Reliability
  • Cost Position
  • Quality

II. Technical Uncertainty Test

An activity entails uncertainty if the taxpayer did not know one or more of the following:

  • Whether or not the desired result could be achieved.
  • The specific means of achieving the desired result.
  • The appropriate configuration of the business component being developed.

III. Process of Experimentation Test

The activity must involve a process of experimentation in which more than one possible approach toward achieving a desired result was attempted or evaluated, and where the capability or method of achieving the result is uncertain at the outset of the activity.

IV. Technological in Nature Test

The activity performed must rely fundamentally on the principles of engineering & sciences:

  • Physical Science
  • Biological Science
  • Computer Science
  • Engineering
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Contract Language Matters

  • The company carrying out the work must bear the financial risk
  • Fixed-price contracts – maximum economic risk
  • Time and Material contracts – don’t qualify, but overage may create an economic risk
  • Payment is contingent on the success of the research
  • Taxpayer retains “substantial rights” in the research

ARE YOU COVERED?

The IRS will look for documentation and substantiation in these areas:

  •  Inadequate contemporaneous documentation
  • Biased judgment samples - showing only R&D employees
  • Exaggerated wage allocations – CFO & Marketing Officers
  • Companies pay a percentage of credit to a practitioner
  • Recent cases Leon Max and Siemer Milling