What’s Changed with R&E Expenses
The One, Big, Beautiful Bill (OBBB) significantly altered how domestic and foreign research & experimental (R&E) expenses are deducted. If your small business incurred qualifying expenses for tax years beginning after December 31, 2021, and before January 1, 2025, you might have election opportunities, amendments rights, and accounting method changes reflecting the new rules. (taxpayeradvocate.irs.gov)
Who Qualifies
To take advantage of the retroactive R&E rules, your small business must meet both criteria:
- Gross receipts test: Your business must meet the IRC § 448(c) revenue limit for small business gross receipts. (taxpayeradvocate.irs.gov)
- R&E activity not flagged as a tax shelter: You must not be classified under IRC § 448(d)(3) or Treas. § 1.448-2(b)(2) as a tax shelter. (taxpayeradvocate.irs.gov)
Actions You Should Take by July 6, 2026
Here's what eligible businesses need to do:
| Action | Why It Matters | How to Do It |
|---|---|---|
| File amended returns or AARs | To elect the new treatment for prior years under OBBB you must amend or use Administrative Adjustment Requests. | Attach statements and amend Forms 1120, 1065, or respective return forms. Note: the earlier of the July 6, 2026 deadline or normal refund claim deadline applies. (taxpayeradvocate.irs.gov) |
| Review accounting method | You may need to change how you report R&E expenses going forward to reflect the new rules. | Consult a tax professional; file any required accounting method change requests. |
| Gather documentation | To defend your election and avoid IRS challenges. | Maintain detailed records of R&E expenses, gross receipts, and any tax shelter history. |
Example
Imagine a small SaaS business, DevTech, that incurred $150,000 in R&E expenses during 2022, with $800,000 gross receipts that year.
- Under the old rules, DevTech amortized domestic R&E over 5 years and foreign over 15 years.
- Under OBBB, DevTech can retroactively elect new deduction treatment, filing amended returns by July 6, 2026, to deduct domestic R&E more favorably. They may also change accounting method starting 2025 to avoid future complications. |
Risks of Missing the Deadline
- Without making the election by July 6, 2026, or before the refund statute expiration, your business loses retroactive treatment for those years.
- Understating taxable income or misfiling may lead to penalties or disallowance of deductions.
Actionable Tips
- Use tax software or a tax advisor to mark this date.
- Request estimates from your preparer on tax savings vs costs of amending.
- Track document deadlines carefully—mail vs electronic submissions.
Bottom line: If your business qualifies, don’t wait—make the retroactive R&E election before July 6, 2026. The savings may be significant under the OBBB rules. No excuses.