Webinar: R&D Tax Credits for Startups

R&D Tax Credit | February 18, 2021 | 26 min read

The R&D tax credit is an immediate source of cash for businesses of all sizes. Yet most credits are claimed by just a few of the nation’s largest companies. Startups and SMBs often miss out on this incentive, despite their significant investments in qualified innovation.

In this webinar, Clarus R+D and Gust address common misconceptions about the R&D tax credit. We take a deep dive into the types of work that qualify, as well as the various calculation methods and monetization strategies. There has never been a better time to claim the R&D tax credit than right now, especially for growing businesses.

Facilitators: Peter Swan, Ryan Nash
Presenter: Essie Pacetta

 

PETER: (01:56)
All right, all. We’re going to go ahead and get started. As I just said, we will share a recording of this afterward both via email and on your tax resource sheets. So don’t worry about that. If you do have questions during the presentation, please do put them in the questions box. We’ll loop back to them during Q&A afterward. Thank you all for coming today. I’m super excited to have Essie from Clarus R+D with us today to walk through how to evaluate and potentially take advantage of the R&D tax credit. It’s a great way to get non-dilutive capital for your startup. It has been a tough year for all of us. So it’s nice to start thinking of tax season as a way to extend your runway rather than just an administrative headache. So I will pass it over to Essie and we’ll get started.

ESSIE: (02:48)
Awesome. Thanks so much, Peter. Thanks to Gust for having us on today. We’ve been partners with Gust for a while now and have worked with many Gust clients or startups. It’s been a pleasure to work with all of you and kind of see the growth that has come from the Gust startups. So excited to have this opportunity to talk to you all today. Again, Peter just introduced me, but my name is Essie Pacetta. I am an account executive for Clarus R+D and I’ve been with the company for just about three years now.

ESSIE: (03:28)
So really what I wanted to get across today and hope to educate you all on today is what is the R&D tax credit. I think that it’s popular right now. But with a lot of the tax credits that we’re kind of discussing lately through the Cares Act and the other forgiveness that we’re seeing with COVID, the R&D tax credit has somehow been lumped in with that. So I’m going to hopefully clear up some misconceptions there and hopefully discover some money that’s on the table for most of you. Just kind of determine what exactly it is that qualifies for the credit, what kind of company qualifies, and help you determine if your work specifically would qualify as well as discussing how much this credit is worth for you. The R&D tax credit is currently the most lucrative tax credit in the tax code.

ESSIE: (04:29)
So if you guys are investing in new product development, it’s very likely that you’re going to qualify. Then go through the process and work with Clarus R+D. I’m going to touch on the ERTC or the employee retention tax credits here at the end. But I’ll be totally honest, a big change on that rolled out in December. Us, along with the rest of the country, are still navigating those nuances, so we can touch on that a little bit and see if you all might qualify there. But we can always schedule a subsequent time to talk about either the R&D or ERTC in further detail.

ESSIE: (05:09)
But our focus here today is to kind of talk about the R&D tax credit. The thing about it is it’s really popular lately. But the credit’s actually been in existence since the early 80s. I like to mention that because one, it’s our job. The reason Clarus R+D exists is to prepare a document that in the event you are ever audited for claiming this credit, that you are protected, and that you get to keep all the money that you claimed on this credit. But as you can imagine, with a tax code that was rolled out in the early 80s, there was an incentive for companies investing in new technology. They couldn’t have anticipated the kind of technology that you guys are all working on now with AI and blockchain and all the different types of technology that exist today, until 2021.

ESSIE: (06:13)
Long story short, we have to interpret the tax code to meet the new technology requirements, which means that claiming this credit is not black and white. It’s not as much as just answering a few questions. We really have to dig into some detail on those requirements. That’s where and why you work with a company like ours. It’s our job to help you interpret the tax code. The other big thing I’d like to mention about the history of the credit is the whole reason that the credit even exists is to incentivize companies to invest in new technology development here in the United States.

ESSIE: (06:55)
So a lot of early-stage companies early on will invest in development with offshore or employees or third parties that employ people overseas, that’s fine. That doesn’t eliminate you from claiming the credit. But any costs that are incurred outside of the United States, you’re not going to qualify for those expenses. So it is a way that if you are considering hiring more here in the US or bringing the development to the United States, this credit will incentivize you to do that. So that’s the good news. Then finally, prior to 2015, and the reason this full credit has become so popular lately, is you have to be a profitable business paying taxes to monetize the credit. It is a tax credit, which means you have to be paying some type of tax. The business has to be paying some type of tax in order to monetize the credit.

ESSIE: (08:04)
Prior to 2015, your only option was to use it as an income tax credit. So you had to be a profitable business. With companies as early stage as you all are, it’s unlikely that you are yet paying taxes. So in 2015, something called the PATH Act was passed, protecting Americans from tax hikes. The PATH Act did a lot of things that I don’t even know about. But what it did do, specifically for the R&D tax credit, is one, it permanently extended the credit. In other words, this credit used to be up for election every five or six years. You never knew if it was going to be in existence in the future, that has since gone away. So if you qualify for this credit, this should be something you make part of your annual tax planning process forever and all time. Because especially if you, let’s just say are a software developer, you guys are going to be investing in improvements to your software every single year. So why not claim a credit that pays you back for that investment?

ESSIE: (09:16)
Then the other thing that is really crucial for you all is that the PATH Act also opened the door for startups to take advantage of this credit as an offset to a portion of your payroll taxes. Specifically, the credit, if you earn a credit, offsets your employer portion of social security tax. So how I want you to be thinking about the conversation we’re having today is for the purposes of the upcoming tax deadline, how you want to think about the credit is that you will be looking at the cost in the activity incurred in 2020 on your R&D.

ESSIE: (10:05)
At the end of the process, if you claim this credit and work with us, we’ll help you prepare a tax form. That tax form would then be included on your tax return. You’ll begin to monetize the credit in the quarter after the quarter you file. So you monetize the credit this year. In other words, you could begin monetizing it as soon as Q2 if you file this quarter. So we’re always thinking about the credit as a credit claimed on the prior year activity being monetized on this year’s taxes. Okay?

ESSIE: (10:45)
So it just mentioned a lot of this, but essentially what the impact of the PATH Act did for startups is one, it just allows them some security in investing more in R&D, knowing that you get a tax benefit from it. The credit is here to stay. Again, if you are qualified to claim this credit, it should be something you’re claiming every single year. The credit is usually worth up to 10% of what you spent on that new product development. I’ll go into further detail on what those expenses are. But this is a big return on your investment. As I mentioned, if the product or the technology you’re investing in is either brand new or you’re making improvements to it on an annual basis, all of that work is going to qualify.

ESSIE: (11:48)
So there is a restriction though to taking advantage of this credit as a payroll tax credit. You have to be considered what the IRS has defined as a qualified startup. So a qualified startup is a company in 2020, because as we’re talking about today, the example we’re using is in the tax year you’re claiming the credit, 2020. Your revenue would have had to be below 5 million in gross receipts. If you’re pre-revenue, obviously, you meet that by a long shot. But also we get a question here a lot like “Oh, well, we’ve earned 5 million since we were founded, but we didn’t earn 5 million last year.” So it’s specific to that tax year. So in 2020, if you earned under 5 million, then you meet requirement number one.

ESSIE: (12:53)
Then requirement number two is that you have to be within five years of earning revenue. So if you’ve had any grocery seats prior to 2016, this would knock you out of your eligibility to take it as a payroll credit. So if one or both of these thresholds are exceeded, you are too mature to take it as a payroll credit. But you still qualify for the credit. If you are too mature to take it as a payroll credit, you would take it as an income credit. Ideally, the IRS believes that if you’ve been earning revenue for more than five years or in a particular tax year earned more than 5 million, that you’re likely to be in pain. Therefore, you can use the credit as an offset to company income taxes, or in the case of a pass-through, it would pass through to your personal returns.

ESSIE: (13:46)
All right. So what have we covered so far? The first and foremost is that the development has to be done here in the United States. The second thing is whether you’re a qualified startup or not, you can take advantage of this credit, perhaps through payroll or as an income tax credit. So if we’ve made it past those areas, then we come to what you see on the screen right now is referred to as the four-part test. I was mentioning before that this tax code was outlined and written in the early 80s. These four parts are the Bible of that tax code. So it’s interpreting these four parts to meet the requirements of the tax code or to essentially match your technology development to these four requirements. If you can meet and pass this test, then you qualify for the credit.

ESSIE: (14:55)
So first and foremost, the IRS defines a type of technology that you’re developing. They refer to this type of technology as a business component. A business component can be a physical product that you’re developing. So a good example here is a medical device. The second business component could be a new or improved process. A good example of improvement or process improvement would be manufacturing process improvement. Software. Anybody developing software, Software as a Service, as long as you intend to sell it, sell, lease or license it, that’s going to be a qualifying, a business component. A new formulation, a formulation could be like, let’s say you are formulating a new cosmetic of some sort. Or if you’re a brewery, a new brew or something like that, or any food and drink kind of formulation.

ESSIE: (16:05)
Then technique, I don’t do a lot of technique development. But if you were to develop a new technique for repairing a certain part of an automobile or something like that, that might be a qualifying activity. So at a high level, we first define what it is that you are developing. Let’s use software development, for example, because I know that Gust has a lot of software companies. So number one is there must be a permitted purpose. So in the tax year, we’re claiming the credit, 2020. What was first entirely new or what improvements did you make to your software’s function, performance, reliability, or quality? We’re not talking about every little sprint release here. We’re talking about your high-level rollout. Okay? Your big four new improvements to your software this year. That’s really what we’re looking to document.

ESSIE: (17:08)
Number two and three go hand in hand. I would say if you were ever to be audited, for this credit, it’s these two questions that an IRS auditor is going to pick apart. Therefore, it’s these two questions that we like to get a lot of technical detail on. So number two says, of the improvements you made in the tax year, in number one, what were you unsure about? You have to say that there was some uncertainty, otherwise, there’s no research and development. The IRS isn’t rewarding you for doing something you already know how to do.

ESSIE: (17:51)
So you have to say you had some uncertainty around your overall capability, the method of development you use, or the appropriateness of your design. You have to kind of be able to explain alternative paths that you might have gone down and why you chose the path you chose. From there, we say, “What process of experimentation did you go through to solve for or eliminate the uncertainty of number two?” Along with software examples, where we typically see some sort of agile methodology being used for testing before you roll something out into production. So that’s a good example.

ESSIE: (18:36)
But a process of experimentation can be as simple as trial and error. As long as you went through some type of testing before you started selling it, or before clients started using it, that’s what we’re looking for here. To take it one step further, we really want to see where you failed. If there was truly R&D being done there, there had to have been some roadblock you ran into. So documenting an example of the failure is also really useful. Then finally, and usually this is the easiest part of the four-part test. All the work you did up here and above had to rely upon the principles of a hard science. So it can be physical, biological, engineering, or computer science.

ESSIE: (19:35)
But it does have to meet and you have to explain that you use the principles of one of these four. A good example of something where people try to claim the credit but then they get to this point and they’re like, “Oh crap, we didn’t use any science to do this,” was like improving an operational process. So you might be implementing a new invoicing system or something like that. While there was probably an improvement to your invoicing system, there were certainly things you didn’t know how they were going to work. You had to go through a certain test to see if it would work the way you wanted it to, you didn’t likely rely on science to do that. So that’s not going to be a qualified activity.

ESSIE: (20:29)
But yeah, usually, this is the point in the conversation. If I was speaking to you directly, I would say, can you answer these four questions? Nine times out of 10, it’s a very quick response I’m getting like, “Yes, I can absolutely answer these four questions, no problem.” If there’s any question about whether you can answer these four questions, absolutely. Let’s schedule a follow-up time to talk. We can go through that in further detail. But the majority of the time, these are pretty straightforward for folks.

ESSIE: (21:02)
So that’s sort of the qualitative side. Then I say, we get to the fun and the quantitative side of this credit. How much is this darn thing worth? Does it make sense to pursue it? So what you see on the screen right now are the qualified research expenditures, QREs for short. There are three, whether you are taking the payroll credit or the income credit, these three are the exact same. So I’ll go through these one at a time and break them down with some examples.

ESSIE: (21:35)
So the first one is wages. Wages, as you can imagine, is exactly how it sounds. It’s the employees you’re paying that are doing the R&D activities. Specifically, if they’re a box one W-2 wages that we’re looking at. We get a lot of questions. Can we include benefits here? No. If it’s box one wages, what you paid them in 2020.

ESSIE: (22:01)
You say, “Okay, what percentage of this individual’s time was spent doing R&D activity?” Pretty straightforward when we’re talking about our engineers, our developers, our front end, our back end, whatever the title you guys come up with. If they’re the ones getting their hands dirty on the development and doing the development, and that’s their primary job, you’re looking at counting their entire salary as a qualified research expenditure. Where it starts to get a little more complicated, complicated is maybe not the right word, but you’ll have to think a little bit more, I would say, is any individual that’s in a direct support or supervision role will also qualify.

ESSIE: (22:52)
A good example here is let’s say you guys are big enough where your CTO is not necessarily spending all of their time developing the software. Maybe they’re really just supervising at this point. But they also are responsible for budgeting and certain business, general business meetings that they’re in, that takes away from their direct supervision or direct role in the development. At that point, you would maybe want to say, “Hey, maybe it’s only 70% of my CTO’s time that’s going to qualify here or 60%.” These percentages are estimates. They have to be reasonable, but they don’t need to be supported by a time tracking system.

ESSIE: (23:47)
Again, you want to think about when you’re claiming this credit, if I were ever to be audited, and an auditor comes in to interview me, would my CTO support the allocation of time I put down for them? That’s kind of the question you want to ask yourself. That’s the question we will be asking as well. Then anybody in a support role, I like to use this example. So we’re a software company. We have somebody on our marketing team that actually does testing of our software. That person while their title is marketing, they also play a role in testing some of the features of our software roll-up because they’re very detail-oriented. So we would capture a percentage of that person’s salary towards the qualifying research expenditure. So that’s what we’re looking at when we’re thinking about our wages.

ESSIE: (24:48)
Contracting expenses are the same thing. The biggest thing here, we see a lot of contractors that are offshore or outside of the United States. So just keep in mind that the work has to be done here in the US. Then the only other thing that’s different about contracting expenses is that the IRS says, “Hey, we would prefer you hire those people, because we get to collect taxes if you hire them as a W-2. But we understand you’re not always able to do that, or it doesn’t always make sense. So we’re going to let you count contracting or third party fees, but we’re only going to let you count them up to 65%.” So if you spent $10,000 on a contractor, your qualifying expense, in this case, is 6500.

ESSIE: (25:44)
Then the final category in these expenses are supplies. Supplies are defined as non-depreciable, tangible used up, or consumed in the process of development or experimentation. What this means is if we’re talking about something you are physically developing, a physical tangible device of some sort, think prototype materials. If you’re developing software, on the other hand, the one exception to this tangible definition is you’re relying on other softwares or other tools to develop your software. So to the extent you might use Amazon Web Services for your testing and development environment, that is a qualifying expense. Or if you use tools like JIRA or GitHub, those are other qualifying expenses.

ESSIE: (26:45)
But if anything is used up or consumed in the process of development, any machinery you buy and own outright is not going to qualify. That’s considered an asset. We also get a lot of questions about laptop computers. Unless you’re renting those laptops, those are not qualified expenses. But we can get into more details on specific scenarios for each of you all. But your back of the napkin math then, it’s adding up these three categories, making sure to account for that 65% reduction here. Add these three categories up for what you spent in 2020. Take that at seven to 10%.

ESSIE: (27:34)
That’s about how much your credit is worth. Now there’s a reason for this range. One, we cannot tell you exactly how much your credit will be until we go through the entire study. Calculating the credit is not straightforward. The IRS loves to make things complicated. Long story short, there are two calculation methods that we can use, and depending on the maturity of your company, will lean towards one or the other. If you are an earlier stage company, a qualified startup, under 5 million, and within five years of earning revenue, you can assume your credit will be 10%. We will use a calculation method that will garner the 10% amount.

ESSIE: (28:19)
If you’re a more mature business and been around longer than five years, I would conservatively estimate 7%. But we could still see a credit of about 10% as well. So it just depends. This is an estimate. So just know that it’s an estimate for your purposes. Until we go through the whole study, we can’t know exactly how much the credit will be worth for you.

ESSIE: (28:52)
All right. So going onto the process here. So if you guys decide you want to move forward with our service, what we would do next then is hop on a kickoff call. A kickoff call is a 45-minute call with one of our dedicated tax credit specialists. This person is going to kind of recap what we discussed here today. But more importantly, they’re going to walk through a demonstration of our software. Our software, I’ve mentioned kind of briefly, is sort of like a TurboTax-like solution for the R&D tax credits. However, it is software and a service.

ESSIE: (29:32)
We are not a software as a service business. What I mean by that is going back to the tax code, none of this is black and white. So when you get access to our software, in large part filling out those software questions or answering the four-part test and getting the expenses into the software, we do have integrations with certain payroll providers. So if you were with a payroll provider for all of 2020, we can kind of import those expenses for you. But at the end of the process, once you’ve submitted your information, our team is actually going to go through a full review, a full audit of all of your responses. We’re really going to be testing you against the four-part test.

ESSIE: (30:23)
So it’s our job to interpret the tax code. Your job is to simply answer the questions. Then we’ll do sort of an iterative process back and forth within the application. We have an application commenting so you’ll be able to see what questions the tax credit specialist has and be able to resolve those within the software. At the end of the process, we’re going to deliver two things. The first thing is a tax form. This is really, really crucial. This tax form has to be included on your tax return. If you file without this tax form, it’s very likely that you will miss the credit altogether. There’s no way to amend this credit.

ESSIE: (31:11)
So if you want to claim the credit, and you guys are running up against a tax deadline, extend. Extend your tax deadlines to either September or October 15th. Because if your deadline is March 15th or April 15th, we still have plenty of time to do this. But at the end of the day, if you know that this is going to take you a bit longer than expected to extend. Because if you don’t extend, you’ll miss out on this credit altogether.

ESSIE: (31:46)
Then the last part of the process is assuming you are a qualified startup, we would work with your payroll provider on the back end. It’s our job to manage the monetization of the credit. So once we know when you file your tax return, we will then communicate with the payroll company. We’ll say, “Hey, they claimed a $50,000 tax credit, and so they’re eligible to begin receiving it this quarter.” Each payroll company is different on how they process these credits. I’ll tell you, that can be quite a bit of a nightmare if you’re considering doing this any other way. We kind of take on that burden for you to make sure you get some money as soon as you can.

ESSIE: (32:38)
So working with our business, a few things. One, we are technology-driven. So the process I think of claiming this credit can be overwhelming, but the software makes it super straightforward. Then we have 100% support throughout the process. So you know there’s a team of people that are ready and willing to answer questions as you’re working through it or even after. So the technology helps to make it straightforward and easy for you, reducing your overall time working on this. But you have unlimited support from our team as well. Pricing that fits, I’ll go through pricing in further detail like one on one conversations. But in the simplest explanation, we are charging somewhere between 15 and 18% of the credit. It depends on your maturity, how quickly you want to pay, a few other factors, how big the credit actually is. Our pricing actually tiers down as your credit increases, a few things like that.

ESSIE: (33:58)
We do also partner with several payroll companies, as well as work with tons of CPAs and tax preparers. So if you guys are working with … We don’t want to replace your tax preparer. We do not prepare taxes. We’re not CPAs. Well, some of our team is CPAs. But we don’t prepare taxes. Long story short, we’ll work with them to answer any questions that they might have, especially if we get into some more nuanced areas of the credit, like control groups or two ADC elections. These are all things that our team can work with your CPA on. Then finally, it’s all documented and secured.

ESSIE: (34:43)
The documentation part of this credit is crucial. If you’re ever audited and you didn’t document it ahead of time, you are going to be subject to fees and penalties no matter what. Then the software obviously is very secure. The nice part about working in the software too is that next year when you go to claim the credit again, we map all of your responses into the subsequent tax year. So it’s really just making those changes that are specific to that particular tax year and not starting all over from scratch, which is nice.

ESSIE: (35:18)
So moving on to a little bit of the employee retention tax credit. Long story short is you can and are eligible now. If you took the PPP loan last year, you were not eligible to take both the PPP and the ERTC. That was the change that occurred in December that now opens the door for even if you took the PPP loan, you’re also eligible for ERTC if you meet the requirements for ERTC. The credit is worth up to 5000 per employee that you employed last year. It can be worth 50% of what you paid each of those employees. So that’s important to know. The other thing that’s important to know is that if you are taking the ERTC credit along with the payroll credit, or sorry, along with the R&D payroll credit, there are ways that we can take advantage of both to maximize the overall tax benefit.

ESSIE: (36:45)
So how do you qualify for ERTCs? So the first qualification for ERTC is that in the calendar year or in any calendar quarter, I should say, of 2020, if either of these were true if your business had to fully or partially shut down due to government authority, that would qualify you to take ERTC.

ESSIE: (37:15)
Or if you had a significant decline in gross receipts for the same quarter in 2020 as you did in the quarter, the same quarter of 2019. So you’re comparing 2019’s Q2 to 2020’s Q2. If you had a significant decline in your gross receipts from 2019 to 2020, that quarter would be eligible to take the credit. So I would say that if you’re evaluating your eligibility for this, that’s the easiest place to start. Because it’s more black and white to look at your decrease or decreases in revenue. This one is harder because you could have been shut down, but your business could have operated still.

ESSIE: (38:18)
Let’s just say for example, like you’re a manufacturing company and you were forced to shut down. You can not do the business and run the business if the manufacturer is shutting down. The plant is gone, you can’t run the business. Or if you were a research company doing computer modeling, and you had to be in a laboratory, for example. Those laboratory employees had to go home and you couldn’t do any lab testing anymore, that would be a reason for your business to not be doing so well.

ESSIE: (38:59)
However, if you are a SaaS Company, and you could operate your business exactly the same working from home as you could working from an office, that’s really probably not going to be deemed as sufficient to meet the requirements of ERTC. So that’s kind of just something to keep in mind. Long story short, if you think either of these two pieces qualify for you, let’s set up a separate time to talk. We’ll put you in touch with the part of our team that is handling our ERTC credit.

ESSIE: (39:45)
With that said, I am done and open for questions. I see that we have a few popped up here. So I’ll go ahead and see if I can read those questions and answer them. But if there are any other questions that you see, Peter, let me know.

PETER: (40:08)
Will do.

PETER: (40:27)
So the first two we have are from James. The first is, is it a refundable credit? The second is, is the credit only available in the current tax year?

ESSIE: (40:41)
So, assuming this is referring to the R&D tax credit, the R&D tax credit is not refundable. So you either have to be paying income tax on the income of the business or you have to be paying payroll tax. So you have to be paying one of those two taxes to monetize the credit. You have to have a tax to offset. So in other words, if you’re a qualified startup, and you don’t have any employees yet, then you can still claim the credit because you probably spent money on contractors and supplies last year. So you can still claim the credit.

ESSIE: (41:32)
But until you hire an employee and start paying taxes to employ them, you don’t have any tax to offset. So the credit will just sit in what I call a credit piggy bank. But more professionally referred to as a deferred tax asset. This answers your follow-up question, the credit largely does not expire. It can be a deferred tax asset for 20 years. So if you don’t use it, like in other words, if you don’t have employees yet, but you plan on hiring later this year, you can begin using it later this year or if you don’t hire until next year, the credit doesn’t expire for 20 years. So it’ll be sitting waiting for you to monetize it as soon as you have employees to use the credit on.

PETER: (42:34)
Awesome. Thanks, Essie. The next one we have is from Sachin, “Do patent filing fees, etc. qualify for this?”

ESSIE: (42:43)
Yeah. That one’s a question we get a lot. I will say it’s a gray area in the tax code. On the one hand, there’s a specific area that says that service fees do not qualify. But largely an auditor is going to view a patent attorney as a service cost. That’s not going to be an R&D cost. But as you know, a patent attorney does input. Without them, you often don’t know what trajectory to take the product because you need to navigate around those patents, patents that are already out there. Right?

ESSIE: (43:36)
So there is an argument, I would say, to include a portion of an attorney’s expenses as qualified R&D. I would say not their entire cost because some of what they do is service base, routine or ordinary. But there is an argument to include it. I’d say if it’s a really big expense, let’s talk about it. If it’s a smaller expense, it’s probably not worth the extra documentation we would go through to support claiming that as a qualifying expense.

PETER: (44:16)
Okay, great. Next step. We have a question about using a contracting service, specifically Upwork, which is a US-based company. But they are hiring offshore resources through a US-based company.

ESSIE: (44:32)
Yeah, yeah, we get this question a lot as well. The work physically has to be done in the United States. So while you are paying a US entity, you would need to know exactly where the employees are working on your development or your software development. I know that Upwork doesn’t make that super clear sometimes. You would have to reach out to them and get an understanding of where the employees are. There is also a way to claim a portion of that expense because there is somebody probably here in the United States working for Upwork that’s supervising the individuals overseas. As you remember, supervision of R&D is a qualifying expense.

ESSIE: (45:25)
So you could probably take a fraction of what you spent on that contracted service to support the individual that is doing the supervision here in the US to the individuals overseas. But again, we’re taking that expense down to 65% already. Then we’re going to take another percentage off of it based on what percent of time is spent working on your project here in the US. Again, this is something that we can kind of talk about further on a one-on-one conversation.

PETER: (46:01)
Great. Thank you, Essie. Next question is, is it worth it to try to get the R&D tax credit or even file taxes if we have four founders, no employees, only expenses so far are website/AWS since we’re all just working on our own time? I’ll fill in the beginning of that. Once you form a corporation or another entity, you do have to file taxes, regardless of whether you have revenue or expenses. But I’ll leave it to Essie to explain the R&D portion of that.

ESSIE: (46:34)
Yeah, I mean, at the end of the day, I would say probably not. I’d say you’re probably a little too young to claim it. Because if you claim the credit, let’s say last year, let’s say you spent 50,000 on those things, and you got a $5,000 credit. Then what do you use that credit on? If you don’t anticipate hiring this year, then you’re kind of paying for a service, for a credit that you may never monetize.

ESSIE: (47:12)
So it’s kind of up to you guys on that front. If it’s worth it or not. Also, if you’re pre-revenue, technically, the clock of that five-year clock doesn’t start ticking until you start earning revenue. So sometimes it’s best to wait until the first year you begin earning revenue because you know you only can take it from five years from earning revenue. So might as well take it at that point. But I’d say it sounds like you might be too young. Again though, it’s something that if you really want to claim it, and you think you’re going to hire people this year, then sure. Why not?

PETER: (48:01)
Cool. Yeah. It sounds like it’s probably a good idea to start thinking about claiming this if you have revenue on the horizon or W-2 employees on the horizon.

ESSIE: (48:12)
Yes.

PETER: (48:14)
Great. All right. Our last question from Rhonda. If your startup is under 5 million and has revenues for three years, can they go back for those deferred tax assets?

ESSIE: (48:27)
Yes, and no. The answer is no on the payroll credit. The payroll credit is only eligible for the specific tax year you’re filing. So since you’ve already filed 2019 and 2018, those years are no longer eligible for the payroll credit. You can go back and amend those tax years to claim the income credit. So if you want to claim those assets, absolutely. Let’s go back and grab them because you can only go back and amend for up to three years. So the statute of limitations eventually will run on those base years or on those prior years. The further out you get from those years, the harder it is to claim the credit because you have to go back and document all the activity that happened in those years.

ESSIE: (49:26)
Long story short, we can claim the credit. Collect it as a deferred tax asset. Then once you owe income tax or if you already are income taxing, you can begin monetizing them right away. Again, they have the 20-year carryforward so you can collect them now and hold onto them for when you owe. Or they’re technically an asset. So if you did or were acquired, they could be used in the sale of your business as well.

PETER: (49:59)
Awesome. That’s a great tip. So that is the end of our participant questions. If anybody has any more, please pop them in. If we’ve got a few more minutes, I just want to note one thing. Our Gust tax providing partner, GBS tax is experienced working with Clarus R+D. So if you’re planning on using them, there should be pretty smooth back and forth between those two service providers. Essie, I did have a question for you.

ESSIE: (50:28)
Sure.

PETER: (50:29)
For somebody who is looking for their first payroll provider, is there anyone that you’ve interacted with that makes this process particularly easy?

ESSIE: (50:40)
Yes. There is a clear answer to this. It’s Gusto. Gusto, by far, does the best job at managing these credits. As I mentioned, when you claim them, you begin to be eligible for monetizing the credit after the quarter you file. So what Gusto does, let’s say you file your taxes in Q1, the first payroll run that you would file or run in Q2, you’ll automatically see that tax stop impounding altogether. So Gusto just stopped impounding the tax until it’s fully utilized or until the credit’s fully utilized. Other payroll providers will continue to collect the tax through these Q2. We’ll then have to amend the 941. We’ll have to send that to the IRS.

ESSIE: (51:37)
The IRS then has to process it and send you a check back in the mail for the amount that you were owed that quarter. That process can take six, 10, 12, 14 weeks, depending on the IRS on that day. Right now, considering everything that’s still going on with the Cares Act, the IRS is behind. So when it comes to cash flow and getting this credit as soon as possible, Gusto is absolutely the route you should go.

PETER: (52:14)
Awesome. Thank you so much. That was all super helpful. I feel like I learned a ton. I hope everybody else did as well. As I said, we will post a recording of this. I’ll post the Q&A as well. We’ll post the slides to the tax resources page. Clarus will follow up via email. If you have any other questions about the R&D tax credit or any other tax obligations, feel free to reach out, and we will point you in the right direction.

Ready to get started? Schedule a free consultation with our team of experts.

Schedule a call with Clarus R+D

 

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ABOUT CLARUS R+DWith custom software backed by a team of tax experts, Clarus R+D specializes in tax credits for growth businesses. Our technology-driven solution simplifies the process, maximizes benefit, and ensures compliance. We partner with accounting firms, financial advisors, investors, payroll providers, and more.

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How People Advisors Can Create Value with R&D Tax Credits – December 14 Webinar

R&D Tax Credit | December 15, 2020 | 1 min read
December 14, 2020

In this webinar, Clarus R+D and Gusto discuss how you – as a people advisor – can help clients claim their R&D tax credit. We address common misconceptions about the credit and define how you can help small and midsize companies take advantage of this meaningful tax incentive. We also identify how you can grow your firm’s revenue through the unique Clarus and Gusto integration.

 

For a closer look at the webinar slides, feel free to download a PDF of the deck.

 

To discuss partnership options in more detail, please schedule a consultation.

 

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ABOUT CLARUS R+DWith custom software backed by a team of tax experts, Clarus R+D specializes in tax credits for growth businesses. Our technology-driven solution simplifies the process, maximizes benefit, and ensures compliance. We partner with accounting firms, financial advisors, investors, payroll providers, and more.

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Should I use my CPA for R&D Tax Credits?

R&D Tax Credit | December 14, 2020 | 13 min read
Laptop Screen

While many CPA firms are aware of the tax-savings potential offered by R&D tax credits, not every firm or accountant has the time, resources, or expertise to take on the R&D tax credit application and documentation production process for its clients. CPA firms and their R&D tax credit eligible clients require the expertise of a well-qualified and experienced R&D tax credit professional to assist in claiming the biggest tax incentive available to businesses. Since its introduction in 1981, the R&D tax credit has expanded so that more and more businesses across many industries are able to claim the credits. In order for your business to be eligible to claim R&D tax credits, it must engage in certain qualified research activities. Schedule a free consultation with Clarus R+D to learn more about R&D tax credits or to discuss whether your business activities are eligible. Its technology-driven solution empowers companies to fuel their growth with America’s largest tax incentive. Clarus R+D has successful partnerships with its clients and their CPA firms throughout the country.  

Contact us for additional information

R&D tax credits: What CPAs and their clients need to know 

The Research and Development tax credit is a government-sponsored tax incentive available to companies who conduct research and development within the United States. The credit was implemented as a Congressional response to the decline in research spending which negatively impacted the Country’s economic growth, productivity gains, and overall global competitiveness. The R&D tax credit was initially implemented in 1981 and has since been reauthorized several times. In 2015, when the Protecting Americans from Tax Hikes (PATH) Act was adopted, the Research and Development (R&D) credit became a permanent part of the tax code.

I encourage any entrepreneur or company with significant dev expenses to pursue the R&D tax credit. The ROI compared to the amount of time spent is worth it.

Jeff Wilkins / FMX

Many taxpayers assume the R&D tax credit is available only to major corporations conducting tests in research laboratories. This, of course, is not the case. Businesses of all sizes across many industries are eligible for the incentive as long as they are engaged in qualified research activities. Under the current tax code, any company that develops or improves products or processes may be eligible for the credit. The number of businesses who engage in eligible activities is ever-increasing as are the eligible activities that qualify a business for the credit. More and more businesses are engaged in qualified research activities making them eligible for the R&D tax credit. Clarus R+D is your tax credit consultant of choice to help your business take advantage of the research and development tax incentive.

Learn how your business can claim the R&D tax credit

R&D tax credits and CPA partnerships

At Clarus R+D, we believe companies that are investing annually in R&D have a fiduciary duty to take advantage of the R&D tax credit every year. As a financial partner to these companies, CPA firms have an opportunity to add value. The value-added benefit can be a partnership with the R&D tax credit professionals at Clarus R+D. 

Clarus R+D has experience with a variety of partnerships, a few of which are outlined below.  

Referral partner

Your clients trust you and look to you for advice. By referring clients to Clarus R+D for R&D tax credits, you add to their bottom line and help drive innovation. The referral option is an easy way to get started with R&D tax credits. If you think you have a client that qualifies for the R&D tax credit, refer them to Clarus R+D,  and we’ll keep you up-to-date on their progress. In the end, you’ll receive qualification reports to document eligibility and form 6765 to include in their return.

Outsource

The outsource partnership works well if you are familiar with the R&D tax credit and have a number of clients that qualify. You offer the credit as a service under your firm’s brand but without the risk and overhead. A white-label version of our software helps you drive efficiency and compliance. We do the backend study review. At the end of the day, you add value for your clients and your firm, but without the expense of a new R&D practice.

Software

Already offering R&D tax credits services to your clients? Need ways to increase compliance and efficiency? With our software partnership, all R&D studies are completed between you and your client using a white-label version of our platform. If you need any technical assistance with the software, Clarus R+D is available.

Co-marketing

Many growing businesses continue to fail to take advantage of R&D tax credits. Some perceive it to be too complex or costly. Others mistakenly believe they don’t qualify. Many businesses perform activities that qualify for the R&D tax credit without realizing it. Co-market with Clarus R+D to educate and inform your audience about the value of R&D tax credits. Our partnership options make it easy for you and your clients to take advantage of the R&D tax credit. 

Schedule a demo with Clarus R+D to learn more

What CPAs and their clients look for in an R&D tax credits advisor

Selecting the right R&D tax credit advisor is an important first step. Whether the taxpayer is selecting the R&D tax credit professional, or if that task was entrusted to the taxpayer’s CPA firm, it is necessary to select an R&D tax credit consultant you can trust. Here are some points to consider in making your R&D consultant selection.  

Qualified team

To capture the maximum number of federal and state R&D tax credits for your clients, you want to make sure you are working with R&D experts who have comprehensive expertise in the field. In addition to a long record of successful R&D credit results, Clarus R+D has experience working with clients across many different industries – especially those taxpayers engaged in the business of manufacturing and technology development. 

National presence

Make certain your R&D tax credit experts can represent your clients wherever they conduct business. The team at Clarus R+D has experience working with clients across the country. 

Individualized pricing

Our pricing is built to fit your business and designed to reflect the efficiencies of our process. Companies pay a small base fee plus a percentage of their credit. For startups, we offer a special pricing option.

High audit success rate

No one wants to think about an IRS audit, but it is always a good idea to be prepared. If an audit is initiated, it is necessary that a business is able to provide documentation supporting its R&D activity and eligibility. This is just another among the many reasons why taxpayers and their CPA firms make the decision to work with an R&D
tax credit professional to avoid any unnecessary worry during audit time. Clarus R+D delivers audit-defensible R&D tax credit study reports.

Clients own the work

In a Clarus R&D tax credit study, the client owns all the work. The Clarus team is committed to transparency, and the client retains ownership of all the work and data. It is important for Clarus that is its clients see both the finished product, and the work involved to get there.

Learn more about R&D tax credits

Using your CPA to help select your R&D tax credit advisor

Your tax clients expect the CPAs at your firm to provide guidance and advice that lead them to the most advantageous tax outcomes – that includes presenting opportunities for the taxpayer to take advantage of tax incentives when available. Here are some tips for CPA firms when choosing to work with an R&D tax credit professional.  

1. Familiarity with taxpayer business

Being familiar with the client’s business should be a priority for your CPA team as you’ll be better able to identify opportunities to put more money back into the client’s business. Many businesses that could qualify for the R&D tax credit are not aware that it even exists, or they are aware that it exists but don’t think they qualify. The reality is that a number of companies in a variety of industries typically perform qualifying activities. Have your CPA team ask about projects that the client is working on, new processes they are creating to improve efficiency, and any new developments within the business that they may be excited about. An evaluation of the types of employees they have on their payroll can also help your team discover potential R&D tax credit opportunities.

2. Qualified Research Activities (QRAs) determination

The IRS uses a 4-part test to determine if a business activity qualifies as research. Make sure your team is familiar with the 4-part test when they evaluate the client’s eligibility for the credit. In general, for an activity to be eligible, it has to (in most cases) relate to a new or improved product, process, formula, computer software, program, technique, or invention. Although the 4-part test may seem fairly straightforward, there are complexities with which CPAs who are not experts in R&D tax credits will have no familiarity. 

3. Excluded activities

More often than not, CPAs and business owners are misled by the name “R&D tax credit”; there is an assumption that their typical business activities would not qualify for the lucrative tax incentive. While many business activities are among those considered qualified research, there are certain exclusions with which your firm should be familiar. 

  • R&D activities performed outside the U.S.
  • Funded research Research in non-scientific areas i.e. social sciences, arts or humanities
  • Market/consumer research
  • Ordinary quality control testing
  • Routine data collection and analysis
  • Internal business process development
  • Management studies and surveys
  • Adaptation or duplication of existing business components (products, inventions, formulas, software, processes, or techniques)
  • R&D activities conducted solely to improve product aesthetics
  • Research conducted after the start of commercial production or implementation of the new innovative component (some exceptions apply)
  • Locating and evaluating mineral deposits, including oil and gas

These exclusions are not as straightforward as they may seem. Contact Clarus R+D for more information on these exclusions before concluding your client is not eligible. 

4. R&D tax credits in a nutshell

After learning about the client’s business activities and determining that they could potentially qualify for the tax credit, your CPAs will need to explain what the credit is and why they believe the business might qualify. The R&D tax credit is a dollar-for-dollar federal tax credit that incentivizes the development of new or improved products or processes. Companies like yours can qualify for significant federal and state tax savings to allow them to hire new employees, invest in new products and service lines, and grow your business. Potentially any company that performs qualified research activities on U.S. soil can take advantage of the credit.

5. Supporting the claim

There are a number of factors that contribute to qualifying for this tax credit and you must be able to support, document, and validate the case for your client to receive an R&D tax credit. This is why working with an R&D tax credit professional is the best way for your client to maximize its R&D tax credit claim.  

Contact Clarus R+D for additional information

CPA’s and R&D tax credit eligibility

Working with a professional R&D tax credit consultant, like Clarus R+D, is the best way for your CPA firm to determine its client’s tax credit eligibility. In order to be eligible for the research and development tax credit, the taxpayer must engage in qualified research. Qualified research generally is private sector or commercially driven development intended to yield innovation within a scientific or technological field. The following four-part test determines whether an activity is considered qualified research and, thus, eligible for the R&D tax credit.

Permitted Purpose

The purpose of the activity or project must be to create new (or improve existing) functionality, performance, reliability, or quality of a business component. A business component is defined as any product, process, technique, invention, formula, or computer software that the taxpayer intends to hold for sale, lease, license, or actual use in the taxpayer’s trade or business.

Elimination of Uncertainty

The taxpayer must intend to discover information that would eliminate uncertainty concerning the development or improvement of the business component. Uncertainty exists if the information available to the taxpayer does not establish the capability of development or improvement, method of development or improvement, or the appropriateness of the business component’s design.

Process of Experimentation

The taxpayer must undergo a systematic process designed to evaluate one or more alternatives to achieve a result where the capability or the method of achieving that result, or the appropriate design of that result, is uncertain as of the beginning of the taxpayer’s research activities. Treasury Regulations define this as broadly as conventional implementation of the scientific method to something as informal as systematic trial and error process.

Technological in Nature

The process of experimentation used to discover information must fundamentally rely on principles of the physical or biological sciences, engineering, or computer science. A taxpayer may employ existing technologies and may rely on existing principles of the physical or biological sciences, engineering, or computer science to satisfy this requirement. Research activities that qualify for R&D tax credits must be conducted in the U.S. If your business does any of the following, it likely qualifies for the R&D tax credit:

  • Develops or designs new products or processes
  • Enhances existing products or processes
  • Develops or improves upon existing prototypes and software

Exclusions

Even if your work passes the four-part test, there are a few exclusions to the R&D tax credit. Expenses incurred under the exclusions will not qualify for the incentive. Some of these already appear in the four-part test, including the need to rely on hard sciences. The activity must take place in the U.S. and cannot include routine data collection or market research. Also, activities cannot receive funding from an unrelated third party because your company might not retain ownership of the resulting intellectual property. Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility.

Common misconceptions about R&D tax credit eligibility

Every year, eligible businesses don’t avail themselves of the benefits of the R&D tax credit. IRS statistics show that R&D tax credits worth over $12 billion were claimed in 2014, the latest year for which data is available. While this sounds significant, a large number of eligible entities neglect to claim the R&D credit. One of the biggest drivers for the underutilization is likely a lack of knowledge by both taxpayers and their advisers. Many are unaware of the R&D credit or otherwise believe their business activities are not eligible. Other reasons taxpayers miss out in claiming the credit include:

  • Lack of understanding
  • Can’t monetize the credit
  • Complexity of the calculation
  • Cost
  • Audit fear

Clarus R+D can help provide clarification on the applicability of the research and development credit, walk you and your team through a study and calculation, and can be there to support you in times of an audit.

Small businesses and startups

Despite its well-established and successful history, countless eligible companies fail to claim the research and development tax credit every year. This is especially true for owners of small businesses and startups. Small businesses and startups may be eligible to apply up to $1.25 million—or $250,000 each year for up to five years—of the federal R&D credit to offset the Federal Insurance Contributions Act (FICA) portion of their payroll taxes each year. To be eligible, a company must meet two requirements:

  1. Have less than $5 million in gross receipts for the credit year
  2. Have no more than five years of gross receipts

Those taxpayers, however, might fail to consider their eligibility for the R&D tax credit program for any number of reasons.  Still, many startups don’t understand they’re eligible to claim the R&D credit and continue to miss out on money they’ve already earned. At Clarus R+D, we talk to entrepreneurs every day and we’ve heard it all. Here are some of the reasons startups miss this non-dilutive funding opportunity.

Too complicated

Some entrepreneurs assume the program sounds too good to be true and, therefore, complicated. At Clarus R+D, we work with small- to mid-sized business owners to discuss the eligibility requirements, explain the benefits of the tax credit program, and offer solutions to maximize the credit.

The business has not produced any revenue

Once again, companies don’t have to demonstrate income (or pay income taxes) to qualify for the credit. Qualifying smaller companies and startups can take the benefit as a payroll tax offset, claiming up to $250,000 every year. This applies to small businesses showing less than $5 million in the credit year, with no gross receipts in the previous five years.

The business does not have any employees

Sure, using the credit to offset payroll taxes does make it seem as if you’d have to have employees to pay. While wages generally contribute most heavily to the final credit calculation, other costs, like supply expenses and contractor payments, are also eligible. Most importantly, if you do take the research and development credit as a payroll tax offset without actual payroll, you can carry the credit forward for up to 20 years.

The business doesn’t do research

This is, perhaps, the greatest misconception about R&D tax credit eligibility. You needn’t be in the business of operating a research laboratory to be eligible for the research and development credit. You don’t have to employ a team of scientists running around in lab coats either. At Clarus R+D, we partner with entrepreneurs across all industries.

The business is not successful

A business does not have to be successful to qualify for the benefit. Riskier initiatives often fail with no return on investment. Recognizing that, the federal government provides incentives like the R&D credit to lessen the burden. Consequently, you will be rewarded for facing technical challenges and pushing forward on innovative solutions. These technological breakthroughs are all part of the research and development terrain. Even if the work isn’t successful, the effort itself (and the costs associated with it) may make your business eligible to receive the credit.

Business does research but not developing anything new

The R&D tax credit is for taxpayers that design, develop, or improve products, processes, techniques, formulas, or software. It’s calculated on the basis of increases in research activities and expenditures—and as a result, it’s intended to reward companies that pursue innovation with increasing investment. R&D doesn’t have to be new to the industry. It simply needs to be new to the company, which must have activities that meet the four-part IRS test below. Read more to learn why small businesses and startups miss out on the R&D tax credit.  Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility.

Contact Clarus R+D for additional information

R&D tax credit consultants: What to expect

Working with a professional R&D tax credit advisor is the best way to determine eligibility and maximize your benefit. Here is what you can expect by selecting Clarus R+D as your R&D tax credit consultants:

  • Clarus R+D provides a team of professionals with expert credentials able to answer all your R&D tax credit questions.
  • Our proprietary software streamlines R&D studies which maximizes your ROI.
  • Clarus has expert knowledge of the IRS regulations relating to the research and development tax credit, IRC Section 41, as well as the regulations pertaining to state-specific research and development credits.
  • Clarus has extensive experience in recognizing qualified research activities and expenditures.
  • Our time-proven methodology has yielded maximum benefits to our clients.
  • The Clarus team has helped hundreds of clients claim millions in R&D tax credits.
  • We place emphasis on helping growth businesses take advantage of the tax incentive.
  • Clarus does the work for you; our web-based app allows you to enter information at your own pace.
  • We have extensive IRS and state audit experience and provide our clients with audit support.
  • We have maintained an exceptional success rate in applying for the R&D tax credit.
  • We work directly with our clients and their respective accounting firm and payroll processor.
  • Our process saves valuable time and resources within the engineering and finance departments.
  • Our fees are very competitive.
  • Our performance, success rate, and unparalleled quality of service result in high client loyalty.

Learn more about R&D tax credits

Ready to get started?

Schedule a free consultation with our team of experts to learn more. We’ll discuss the R&D tax credit and help you determine if our solution is a fit for your company.

Schedule a call with Clarus R+D

 

Clarus R+D gave us tremendous ROI. Easy software. Helpful people. Reasonable fees.

Richard Cumberland / Zupt

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ABOUT CLARUS R+DWith custom software backed by a team of tax experts, Clarus R+D specializes in tax credits for growth businesses. Our technology-driven solution simplifies the process, maximizes benefit, and ensures compliance. We partner with accounting firms, financial advisors, investors, payroll providers, and more.

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R&D Tax Credits for Manufacturers

R&D Tax Credit | December 11, 2020 | 7 min read
manufacturing work

A majority of eligible manufacturers fail to take advantage of America’s largest tax incentive. In 2016 alone, nearly $16 billion in R&D tax credits were claimed, yet manufacturers continue to leave money on the table by not claiming the research and development tax credits made available to them. The primary reasons manufacturers aren’t claiming R&D tax credits are they either don’t know the credits exist or don’t believe they qualify to claim the R&D tax credits. Manufacturers may also be unaware of some recent changes in the R&D tax credit laws that have expanded the scope of the program so that more taxpayers are able to claim R&D tax credits than ever before. The R&D tax credit encourages innovation in manufacturing. Whether you are in the business of manufacturing a new product, or are in the business of improving the manufacturing process itself, you are likely eligible for the R&D tax credit. The best way to learn whether your manufacturing business is eligible to claim R&D tax credits is to work with an experienced and well-qualified R&D tax credit consultant. Schedule a free consultation with Clarus R+D to learn more about the benefits of the R&D tax credit program or to discuss whether your business is eligible. Clarus’ technology-driven solution empowers companies to fuel their growth with America’s largest tax incentive.

Contact us for additional information

Manufacturers can claim R&D tax credits

The R&D tax credit is the biggest tax incentive available to manufacturers. Since its introduction in 1981, the R&D tax credit has expanded so that more and more manufacturing businesses across many industries are able to claim the tax credits. In order for your manufacturing business to be eligible to qualify for the R&D tax credit, it must engage in certain qualified research activities.

Clarus R+D has worked with manufacturers across the country to help them claim the R&D tax credit. Examples of manufacturing activities and innovations eligible for the R&D tax incentive include:

    • Innovating product development using computer-aided design tools
    • Developing second-generation or improved products
    • Designing innovative manufacturing equipment
    • Prototyping and three-dimensional solid modeling 
    • Designing and developing cost-effective and innovative operational processes
    • Integrating new materials to improve product performance and manufacturing processes
    • Designing and evaluating process alternatives
    • Achieving compliance with changing emissions laws and regulations
    • Streamlining manufacturing processes through automation
    • Improving product quality and yields
    • Reducing manufacturing times and optimizing manufacturing processes
    • Development of second-generation products
    • Product development using computer-aided design tools
    • Tooling and equipment fixture design and development
    • Designing, constructing, and testing prototypes
    • Alternative material testing
    • Evaluating and determining the most efficient flow of material
    • Increasing manufacturing capabilities and production capacities

I encourage any entrepreneur or company with significant dev expenses to pursue the R&D tax credit. The ROI compared to the amount of time spent is worth it.

Jeff Wilkins / FMX

You don’t have to be among the largest manufacturing companies to take advantage of the research and development tax credit. Small manufacturers and startups are even eligible to claim the R&D tax credit. In fact, recent changes to the applicable laws have made it easier than ever for more manufacturing businesses to take advantage of the R&D tax credit.

Learn how your business can claim the R&D tax credit

Benefits of R&D tax credits for manufacturers

The research and development tax credit is a government-sponsored tax incentive available to companies who conduct research and development within the United States. The credit was implemented as a Congressional response to the decline in research spending which negatively impacted the Country’s economic growth, productivity gains, and overall global competitiveness. The R&D tax credit was initially implemented in 1981 and has since been reauthorized several times. In 2015, when the Protecting Americans from Tax Hikes (PATH) Act was adopted, the Research and Development (R&D) credit became a permanent part of the tax code

Many manufacturers assume the R&D tax credit is available only to major corporations conducting tests in research laboratories. This, of course, is not the case. Businesses, including manufacturers of all sizes across many industries, are eligible for the incentive as long as they are engaged in qualified research activities. Under the current tax code, any company that develops or improves products or processes may be eligible for the credit. The number of manufacturers who engage in eligible activities is ever-increasing as are the eligible activities that qualify a business for the credit. More and more businesses are engaged in qualified research activities making them eligible for the R&D tax credit. Clarus R+D is your tax credit consultant of choice to help your business take advantage of the research and development tax incentive.

Many manufacturers are unaware of the tremendous benefits of R&D tax credits. The manufacturing expenses related to daily operations could qualify for a dollar-for-dollar tax credit towards their annual income and/or payroll tax liability, irrespective of industry or manufacturing company size. Additionally, most states offer an R&D tax credit that can supplement the federal R&D tax credit.

For most companies, the credit is worth 7-10% of qualified research expenses. This is a dollar-for-dollar credit against taxes owed. Plus, it carries forward 20 years. For startups, applying the credit against payroll taxes is a valuable, non-dilutive funding opportunity. Eligible expenses for the R&D tax credit include U.S.-based wages, contracting, and supply costs. Most typically, wages are the largest qualified expense, and there must be nexus between the expense and qualified project.

Schedule a demo with Clarus R+D to learn more

Manufacturing and R&D tax credit eligibility

Working with a professional R&D tax credit consultant, like Clarus R+D, is the best way for you to determine your tax credit eligibility. In order to be eligible for the research and development tax credit, your manufacturing business must engage in qualified research. Qualified research generally is private sector or commercially driven development intended to yield innovation within a scientific or technological field. The following four-part test determines whether an activity is considered qualified research and, thus, eligible for the R&D tax credit.

Permitted Purpose

The purpose of the activity or project must be to create new (or improve existing) functionality, performance, reliability, or quality of a business component. A business component is defined as any product, process, technique, invention, formula, or computer software that the taxpayer intends to hold for sale, lease, license, or actual use in the taxpayer’s trade or business.

Elimination of Uncertainty

The taxpayer must intend to discover information that would eliminate uncertainty concerning the development or improvement of the business component. Uncertainty exists if the information available to the taxpayer does not establish the capability of development or improvement, method of development or improvement, or the appropriateness of the business component’s design.

Process of Experimentation

The taxpayer must undergo a systematic process designed to evaluate one or more alternatives to achieve a result where the capability or the method of achieving that result, or the appropriate design of that result, is uncertain as of the beginning of the taxpayer’s research activities. Treasury Regulations define this as broadly as conventional implementation of the scientific method to something as informal as systematic trial and error process.

Technological in Nature

The process of experimentation used to discover information must fundamentally rely on principles of the physical or biological sciences, engineering, or computer science. A taxpayer may employ existing technologies and may rely on existing principles of the physical or biological sciences, engineering, or computer science to satisfy this requirement. Research activities that qualify for R&D tax credits must be conducted in the U.S. If your business does any of the following, it likely qualifies for the R&D tax credit:

      • Develops or designs new products or processes
      • Enhances existing products or processes
      • Develops or improves upon existing prototypes and software

Exclusions

Even if your work passes the four-part test, there are a few exclusions to the R&D tax credit. Expenses incurred under the exclusions will not qualify for the incentive. Some of these already appear in the four-part test, including the need to rely on hard sciences. The activity must take place in the U.S. and cannot include routine data collection or market research. Also, activities cannot receive funding from an unrelated third party because your company might not retain ownership of the resulting intellectual property. 

Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility.

Learn more about R&D tax credits

Manufacturing process: Activities that may qualify for R&D tax credits

Sales 

A sales team is on the frontline of data collection regarding new products and processes. As such, your sales team is an integral cog in the wheel of innovation. The information they collect is shared with various departments including your engineering and design teams. Those sales activities may be eligible R&D tax credit expenses you can claim.  

Design 

The time spent designing a product or innovation is going to be considered an R&D tax credit eligible activity, absent some specific exclusion. The manufacturing process begins with the product design and materials specification from which the product is made. These materials are then modified through manufacturing processes to become the required part. The design process includes design meetings as well as time spent quoting a project.  

Manufacturing Process

This is fairly straightforward. In general terms, manufacturing-related R&D encompasses improvements in existing methods or processes, or wholly new processes, machines, or systems. The time associated with those activities is going to be R&D tax credit eligible.

Quality Control

Quality control for the innovative product or process is R&D tax credit eligible.  This includes testing to ensure the product or process is free from defect and performs according to specification.  

Shipping and Package Design

If the product requires a unique container for shipping, the time devoted to designing, testing, and improving the new packaging could qualify as R&D tax credit eligible.

Contact Clarus R+D for additional information

R&D tax credit consultants: What to expect

Working with a professional R&D tax credit advisor is the best way to determine eligibility and maximize your benefit. Here is what you can expect by selecting Clarus R+D as your R&D tax credit consultants:

      • Clarus R+D provides a team of professionals with expert credentials able to answer all your R&D tax credit questions.
      • Our proprietary software streamlines R&D studies which maximizes your ROI.
      • Clarus has expert knowledge of the IRS regulations relating to the research and development tax credit, IRC Section 41, as well as the regulations pertaining to state-specific research and development credits.
      • Clarus has extensive experience in recognizing qualified research activities and expenditures.
      • Our time-proven methodology has yielded maximum benefits to our clients.
      • The Clarus team has helped hundreds of clients claim millions in R&D tax credits.
      • We place emphasis on helping growth businesses take advantage of the tax incentive.
      • Clarus does the work for you; our web-based app allows you to enter information at your own pace.
      • We have extensive IRS and state audit experience and provide our clients with audit support.
      • We have maintained an exceptional success rate in applying for the R&D tax credit.
      • We work directly with our clients and their respective accounting firm and payroll processor.
      • Our process saves valuable time and resources within the engineering and finance departments.
      • Our fees are very competitive.
      • Our performance, success rate, and unparalleled quality of service result in high client loyalty.

Learn more about R&D tax credits

Ready to get started?

Schedule a free consultation with our team of experts to learn more. We’ll discuss the R&D tax credit and help you determine if our solution is a fit for your company.

Schedule a call with Clarus R+D

Clarus R+D gave us tremendous ROI. Easy software. Helpful people. Reasonable fees.

Richard Cumberland / Zupt

Share

ABOUT CLARUS R+DWith custom software backed by a team of tax experts, Clarus R+D specializes in tax credits for growth businesses. Our technology-driven solution simplifies the process, maximizes benefit, and ensures compliance. We partner with accounting firms, financial advisors, investors, payroll providers, and more.

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Startups, Profitability, and R&D Tax Credits

R&D Tax Credit | December 8, 2020 | 9 min read
Laptop and Cell Phone

Getting started with your small business or startup can certainly be an anxiety-inducing venture. In general, startups face high uncertainty and, sadly, have high rates of failure. The most successful entrepreneurs take advantage of every available opportunity afforded them. One such opportunity that gives small businesses and startups a competitive advantage is the R&D tax credits program. Your small business or startup, that is not showing a profit, may qualify for the R&D tax credit. Companies don’t need revenue to claim the credit and don’t need to be paying income tax. The credit can be taken as a payroll tax offset, up to $250K per year, by qualified small businesses. You are considered a qualified small business if you have less than $5 million in revenue and are within five years of your first gross receipt. The best way for your small business to learn more about the R&D tax credit program and their R&D tax credit eligibility is to work with an experienced and well-qualified R&D tax credit consultant. Schedule a free consultation with Clarus R+D to learn more about R&D tax credits and find out if your small business or startup is eligible to claim the credit. Clarus’ technology-driven solution empowers companies to fuel their growth with America’s largest tax incentive.

Contact us for additional information

The R&D tax credit for small businesses and startups: profitability

Despite its well-established and successful history, countless eligible companies fail to claim the research and development tax credit every year. This is especially true for owners of small businesses and startups. Small businesses and startups may be eligible to apply up to $1.25 million—or $250,000 each year for up to five years—of the federal R&D credit to offset the Federal Insurance Contributions Act (FICA) portion of their payroll taxes each year. To be eligible, a company must meet two requirements:

  1. Have less than $5 million in gross receipts for the credit year
  2. Have no more than five years of gross receipts

Those taxpayers, however, might fail to consider their eligibility for the R&D tax credit program for any number of reasons.  Still, many startups don’t understand they’re eligible to claim the R&D tax credit and continue to miss out on money they’ve already earned. At Clarus R+D, we talk to entrepreneurs every day, and we’ve heard it all. Here are some of the reasons startups miss this non-dilutive funding opportunity.

Too complicated

Some entrepreneurs assume the program sounds too good to be true and, therefore, complicated. At Clarus R+D, we work with small- to mid-sized business owners to discuss the eligibility requirements, explain the benefits of the tax credit program, and offer solutions to maximize the credit.

The business has not produced any revenue

Once again, companies don’t have to demonstrate income (or pay income taxes) to qualify for the credit. Qualifying smaller companies and startups can take the benefit as a payroll tax offset, claiming up to $250,000 every year. This applies to small businesses showing less than $5 million in the credit year, with no gross receipts in the previous five years.

The business does not have any employees

Sure, using the credit to offset payroll taxes does make it seem as if you’d have to have employees to pay. While wages generally contribute most heavily to the final credit calculation, other costs, like supply expenses and contractor payments, are also eligible. Most importantly, if you do take the research and development credit as a payroll tax offset without actual payroll, you can carry the credit forward for up to 20 years.

The business doesn’t do research

This is, perhaps, the greatest misconception about R&D tax credit eligibility. You needn’t be in the business of operating a research laboratory to be eligible for the research and development credit. You don’t have to employ a team of scientists running around in lab coats either. At Clarus R+D, we partner with entrepreneurs across all industries.

The business is not successful

A business does not have to be successful to qualify for the benefit. Riskier initiatives often fail with no return on investment. Recognizing that, the federal government provides incentives like the R&D credit to lessen the burden. Consequently, you will be rewarded for facing technical challenges and pushing forward on innovative solutions. These technological breakthroughs are all part of the research and development terrain. Even if the work isn’t successful, the effort itself (and the costs associated with it) may make your business eligible to receive the credit.

Business does research but not developing anything new

The R&D tax credit is for taxpayers that design, develop, or improve products, processes, techniques, formulas, or software. It’s calculated on the basis of increases in research activities and expenditures—and as a result, it’s intended to reward companies that pursue innovation with increasing investment. R&D doesn’t have to be new to the industry. It simply needs to be new to the company, which must have activities that meet the four-part IRS test below. Read more to learn why small businesses and startups miss out on the R&D tax credit.  Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility.

Learn how your business can claim the R&D tax credit

Myths about R&D tax credits and profits for startups

Every year, eligible businesses don’t avail themselves of the benefits of the R&D tax credit. IRS statistics show that R&D tax credits worth over $12 billion were claimed in 2014, the latest year for which data is available. While this sounds significant, a large number of eligible entities, especially small businesses and startups with no shown profit, neglect to claim the R&D credit. One of the biggest drivers for the underutilization is likely a lack of knowledge by both taxpayers and their advisers. Many are unaware of the R&D tax credit or otherwise believe their business activities are not eligible. Some of the common myths about R&D tax credits for startups and small businesses include:

Myth #1

I don’t qualify. Many businesses perform activities that qualify for the R&D tax credit without realizing it. The R&D tax credit can be used by companies of any size in industries ranging from software development to breweries. If you do anything technology-based, improve it, and sell it to customers, you probably qualify.

Myth #2

It can only be applied to income tax. This is not true. The credit can be taken as a payroll tax offset, up to $250K per year, by qualified small businesses. You are considered a qualified small business if you have less than $5 million in revenue and are within five years of your first gross receipt. If you have no payroll, the credit can be carried forward to the next quarterly return. The credit doesn’t expire and continues to be available until it can be fully used against payroll tax. Unused credits can also be useful upon exit.

Myth #3

The savings aren’t worth it. Are you kidding? We have many examples of companies saving tens and even hundreds of thousands of dollars with the R&D tax credit. Remember, this is a credit, not a deduction. It’s applied directly against taxes owed. Plus, our technology-driven solution simplifies the process of claiming the credit and reduces overall fees.

Clarus R+D can help provide clarification on the applicability of the research and development credit, walk you and your small business or startup team through a study and calculation, and can be there to support you in times of an audit.

Schedule a demo with Clarus R+D to learn more

R&D tax credit expansion benefits startups without profit

For years, the R&D tax credit was truly unavailable to those businesses for whom it was initially designed – innovative startups. In that the majority of startups are not immediately profitable and thus pay no federal income taxes, it was counterintuitive that our nation’s most cutting-edge companies were essentially barred from a tax incentive because they were not profitable. An important amendment—the startup provision—changed everything for startups. Beginning in 2016, startups were able to claim the credit, capped at $250,000, annually, against certain payroll taxes. This amendment was truly a game-changer for innovative entrepreneurs and their startups. 

Take the meeting. It’s worth your time. Within 5 minutes you will say yes.

Will Zell / Nikola Labs

Impact on Tax Advisors

The consequences of the amended R&D tax credit language are vast. Needless to say, this was the most significant tax legislation for the startups and their tax advisors in years. Given the breadth of the amendment, taxpayers across all industries may be eligible for a tax incentive that could make the difference between their startup surviving or not. In order to position your startup for success, it is important to work with an experienced R&D tax credit advisor who has helped other startups claim R&D tax credits. Clarus R+D specializes in working with innovative startups to help them determine their eligibility and claim their R&D tax credits.  

Learn more about R&D tax credits

R&D tax credit eligibility for startups

Working with a professional R&D tax credit consultant, like Clarus R+D, is the best way for you to determine your startup’s tax credit eligibility. In order to be eligible for the research and development tax credit, your startup or small business must engage in qualified research. Qualified research generally is private sector or commercially driven development intended to yield innovation within a scientific or technological field. The following four-part test determines whether an activity is considered qualified research and, thus, eligible for the R&D tax credit.

Permitted Purpose

The purpose of the activity or project must be to create new (or improve existing) functionality, performance, reliability, or quality of a business component. A business component is defined as any product, process, technique, invention, formula, or computer software that the taxpayer intends to hold for sale, lease, license, or actual use in the taxpayer’s trade or business.

Elimination of Uncertainty

The taxpayer must intend to discover information that would eliminate uncertainty concerning the development or improvement of the business component. Uncertainty exists if the information available to the taxpayer does not establish the capability of development or improvement, method of development or improvement, or the appropriateness of the business component’s design.

Process of Experimentation

The taxpayer must undergo a systematic process designed to evaluate one or more alternatives to achieve a result where the capability or the method of achieving that result, or the appropriate design of that result, is uncertain as of the beginning of the taxpayer’s research activities. Treasury Regulations define this as broadly as conventional implementation of the scientific method to something as informal as systematic trial and error process.

Technological in Nature

The process of experimentation used to discover information must fundamentally rely on principles of the physical or biological sciences, engineering, or computer science. A taxpayer may employ existing technologies and may rely on existing principles of the physical or biological sciences, engineering, or computer science to satisfy this requirement. Research activities that qualify for R&D tax credits must be conducted in the U.S. If your business does any of the following, it likely qualifies for the R&D tax credit:

  • Develops or designs new products or processes
  • Enhances existing products or processes
  • Develops or improves upon existing prototypes and software

Exclusions

Even if your work passes the four-part test, there are a few exclusions to the R&D tax credit. Expenses incurred under the exclusions will not qualify for the incentive. Some of these already appear in the four-part test, including the need to rely on hard sciences. The activity must take place in the U.S. and cannot include routine data collection or market research. Also, activities cannot receive funding from an unrelated third party because your company might not retain ownership of the resulting intellectual property. Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility. 

Internal Use Software

If research and development is related to internal-use software for your business, it must meet these criteria:

  • Be innovative
  • Result in an economically significant reduction in cost or improvement in speed
  • Involve economic risk to develop
  • Not be commercially available

Contact Clarus R+D for additional information

R&D tax credit startup activities and industries

With the expansion of the research and development tax credit over the years, more businesses than ever before engage in activities making them eligible to claim the R&D tax credit. If you are uncertain if your business activities qualify, contact a professional R&D tax credit advisor, like Clarus R+D, who can help. In the meantime, listed below are examples of activities that may be considered qualifying research activities: ​

  • Conduct testing of new concepts and technology
  • Develop prototypes and models
  • Develop new, improved, or more reliable products, processes, or formulas
  • Develop or apply for patents
  • Add equipment that improves a process
  • Streamline your manufacturing process
  • Develop new software
  • Design for LEED/green initiatives
  • Conduct environmental testing
  • HVAC concept and design
  • Searching for ways to apply new research findings
  • Designing product alternatives
  • Conducting system and functional requirements analysis
  • Utilizing integration analysis
  • Conducting research aimed to significantly cut a product’s time-to-market
  • Conducting research aimed to obtain more efficient designs
  • Developing and modifying research methods / formulations / products
  • Paying outside consultants / contractors to do any of the above activities

More traditional scientific work, like one might imagine in pharmaceutical product development, is naturally considered qualified research. What about work in other industries?  A list follows that provides examples of various industries that often engage in R&D tax credit eligible work.

  • Manufacturing
  • Consumer products
  • Medical devices
  • Software development
  • Chemical
  • Apparel
  • Telecommunications
  • Pharmaceuticals
  • Food & Beverage
  • Engineering
  • Aerospace
  • Cosmetics

Learn how your business can claim the R&D tax credit

R&D tax credit advisors for startups: What to expect

Working with a professional R&D tax credit advisor is the best way to determine eligibility and maximize your benefit. Here is what you can expect by selecting Clarus R+D as your R&D tax credit consultants:

  • Clarus R+D provides a team of professionals with expert credentials able to answer all your R&D tax credit questions.
  • Our proprietary software streamlines R&D studies which maximizes your ROI.
  • Clarus has expert knowledge of the IRS regulations relating to the research and development tax credit, IRC Section 41, as well as the regulations pertaining to state-specific research and development credits.
  • Clarus has extensive experience in recognizing qualified research activities and expenditures.
  • Our time-proven methodology has yielded maximum benefits to our clients.
  • The Clarus team has helped hundreds of clients claim millions in R&D tax credits.
  • We place emphasis on helping growth businesses take advantage of the tax incentive.
  • Clarus does the work for you; our web-based app allows you to enter information at your own pace.
  • We have extensive IRS and state audit experience and provide our clients with audit support.
  • We have maintained an exceptional success rate in applying for the R&D tax credit.
  • We work directly with our clients and their respective accounting firm and payroll processor.
  • Our process saves valuable time and resources within the engineering and finance departments.
  • Our fees are very competitive.
  • Our performance, success rate, and unparalleled quality of service result in high client loyalty.

Learn more about R&D tax credits

Ready to get started?

Schedule a free consultation with our team of experts to learn more. We’ll discuss the R&D tax credit and help you determine if our solution is a fit for your company.

Schedule a call with Clarus R+D

Clarus R+D gave us tremendous ROI. Easy software. Reasonable fees.

Richard Cumberland / Zupt

 

Share

ABOUT CLARUS R+DWith custom software backed by a team of tax experts, Clarus R+D specializes in tax credits for growth businesses. Our technology-driven solution simplifies the process, maximizes benefit, and ensures compliance. We partner with accounting firms, financial advisors, investors, payroll providers, and more.

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What is R&D?

R&D Tax Credit | December 7, 2020 | 9 min read
Person Working on Laptop

Businesses across many industries engage in research and development (R&D) activities.  As a means to spur innovation, a federal (and often state) tax credit is available to taxpayers who engage in eligible R&D activities. Introduced in 1981, the R&D tax credit is the largest tax incentive available to taxpayers. Furthermore, its application has increased over the years so that more and more businesses across many industries are able to claim the tax credits. In order for your business to be eligible to qualify for the R&D tax credit, it must engage in certain qualified research activities. The best way to learn more about R&D activities and tax credit eligibility is to work with an experienced and well-qualified R&D tax credit consultant. Schedule a free consultation with Clarus R+D to learn more about R&D tax credits and find out if your business engages in eligible R&D activities. Clarus’ technology-driven solution empowers companies to fuel their growth with America’s largest tax incentive.

Contact us for additional information

What is research and development (R&D)?

Research and development (R&D) includes activities that companies (taxpayers) undertake to innovate and introduce new products and services. It is often the first stage in the development process. The term R&D is widely linked to innovation both in the public and private sectors. Research and development activities serve to both protect existing jobs while creating new jobs. In addition to promoting job growth, one of the primary reasons the research and development tax credit was initially adopted was to spur innovation to ensure the United States remained competitive against global competition. R&D activities may lead to patents, copyrights, and trademarks as discoveries are made and products created. Companies across all sectors and industries undergo eligible R&D activities. Corporations experience growth through these improvements and the development of new goods and services. 

Key R&D takeaways

  • R&D represents the activities companies undertake to innovate and introduce new products and services or to improve their existing offerings
  • Research and development activities give taxpayers a competitive edge and can promote job growth
  • Taxpayers across many industries engage in eligible R&D activities

The R&D tax credit

The Research and Development tax credit is a government-sponsored tax incentive available to taxpayers who conduct research and development within the United States. The credit was implemented as a Congressional response to the decline in research spending which negatively impacted the Country’s economic growth, productivity gains, and overall global competitiveness. The R&D tax credit was initially implemented in 1981 and has since been reauthorized several times. In 2015, when the Protecting Americans from Tax Hikes (PATH) Act was adopted, the Research and Development (R&D) credit became a permanent part of the tax code.

The R&D tax credit incentivizes certain research activities by reducing a company’s liabilities for spending money on that research. Expenses that qualify are more comprehensive than you may think. Qualified research expenses (QREs) can include the salaries of employees and supervisors who are conducting research, supplies, and even some contractors.

Take the meeting. It’s worth your time. Within 5 minutes you will say yes.

Will Zell / Nikola Labs

Many taxpayers assume the R&D tax credit is available only to major corporations conducting tests in research laboratories. This, of course, is not the case. Businesses of all sizes across many industries are eligible for the incentive as long as they are engaged in qualified research activities. Under the current tax code, any company that develops or improves products or processes may be eligible for the credit. The number of businesses who engage in eligible activities is ever-increasing as are the eligible activities that qualify a business for the credit. More and more businesses are engaged in qualified research activities making them eligible for the R&D tax credit. Clarus R+D is your tax credit consultant of choice to help your business take advantage of the research and development tax incentive.

Learn how your business can claim the R&D tax credit

R&D tax credit eligibility

Working with a professional R&D tax credit consultant, like Clarus R+D, is the best way for you to determine your tax credit eligibility. In order to be eligible for the research and development tax credit, your business must engage in qualified research. Qualified research generally is private sector or commercially driven development intended to yield innovation within a scientific or technological field. The following four-part test determines whether an activity is considered qualified research and, thus, eligible for the R&D tax credit.

Permitted Purpose

The purpose of the activity or project must be to create new (or improve existing) functionality, performance, reliability, or quality of a business component. A business component is defined as any product, process, technique, invention, formula, or computer software that the taxpayer intends to hold for sale, lease, license, or actual use in the taxpayer’s trade or business.

Elimination of Uncertainty

The taxpayer must intend to discover information that would eliminate uncertainty concerning the development or improvement of the business component. Uncertainty exists if the information available to the taxpayer does not establish the capability of development or improvement, method of development or improvement, or the appropriateness of the business component’s design.

Process of Experimentation

The taxpayer must undergo a systematic process designed to evaluate one or more alternatives to achieve a result where the capability or the method of achieving that result, or the appropriate design of that result, is uncertain as of the beginning of the taxpayer’s research activities. Treasury Regulations define this as broadly as conventional implementation of the scientific method to something as informal as systematic trial and error process.

Technological in Nature

The process of experimentation used to discover information must fundamentally rely on principles of the physical or biological sciences, engineering, or computer science. A taxpayer may employ existing technologies and may rely on existing principles of the physical or biological sciences, engineering, or computer science to satisfy this requirement. Research activities that qualify for R&D tax credits must be conducted in the U.S. If your business does any of the following, it likely qualifies for the R&D tax credit:

  • Develops or designs new products or processes
  • Enhances existing products or processes
  • Develops or improves upon existing prototypes and software

Exclusions

Even if your work passes the four-part test, there are a few exclusions to the R&D tax credit. Expenses incurred under the exclusions will not qualify for the incentive. Some of these already appear in the four-part test, including the need to rely on hard sciences. The activity must take place in the U.S. and cannot include routine data collection or market research. Also, activities cannot receive funding from an unrelated third party because your company might not retain ownership of the resulting intellectual property. Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility.

Schedule a demo with Clarus R+D to learn more

R&D tax credit activities and industries

With the expansion of the research and development tax credit over the years, more businesses than ever before engage in activities making them eligible to claim the R&D tax credit. If you are uncertain if your business activities qualify, contact a professional R&D tax credit advisor, like Clarus R+D, who can help. In the meantime, listed below are examples of activities that may be considered qualifying research activities: ​

  • Conduct testing of new concepts and technology
  • Develop prototypes and models
  • Develop new, improved, or more reliable products, processes, or formulas
  • Develop or apply for patents
  • Add equipment that improves a process
  • Streamline your manufacturing process
  • Develop new software
  • Design for LEED/green initiatives
  • Conduct environmental testing
  • HVAC concept and design
  • Searching for ways to apply new research findings
  • Designing product alternatives
  • Conducting system and functional requirements analysis
  • Utilizing integration analysis
  • Conducting research aimed to significantly cut a product’s time-to-market
  • Conducting research aimed to obtain more efficient designs
  • Developing and modifying research methods / formulations / products
  • Paying outside consultants / contractors to do any of the above activities

More traditional scientific work, like one might imagine in pharmaceutical product development, is naturally considered qualified research. What about work in other industries?  A list follows that provides examples of various industries that often engage in R&D tax credit eligible work.

  • Manufacturing
  • Consumer products
  • Medical devices
  • Software development
  • Chemical
  • Apparel
  • Telecommunications
  • Pharmaceuticals
  • Food & Beverage
  • Engineering
  • Aerospace
  • Cosmetics

Learn more about R&D tax credits

Misconceptions about the R&D tax credit

Every year, eligible businesses don’t avail themselves of the benefits of the R&D tax credit. IRS statistics show that R&D tax credits worth over $12 billion were claimed in 2014, the latest year for which data is available. While this sounds significant, a large number of eligible entities neglect to claim the R&D credit. One of the biggest drivers for the underutilization is likely a lack of knowledge by both taxpayers and their advisers. Many are unaware of the R&D credit or otherwise believe their business activities are not eligible. Other reasons taxpayers miss out in claiming the credit include:

  • Lack of understanding
  • Can’t monetize the credit
  • Complexity of the calculation
  • Cost
  • Audit fear

Clarus R+D can help provide clarification on the applicability of the research and development credit, walk you and your team through a study and calculation, and can be there to support you in times of an audit.

Small businesses and startups

Despite its well-established and successful history, countless eligible companies fail to claim the research and development tax credit every year. This is especially true for owners of small businesses and startups. Small businesses and startups may be eligible to apply up to $1.25 million—or $250,000 each year for up to five years—of the federal R&D credit to offset the Federal Insurance Contributions Act (FICA) portion of their payroll taxes each year. To be eligible, a company must meet two requirements:

  1. Have less than $5 million in gross receipts for the credit year
  2. Have no more than five years of gross receipts

Those taxpayers, however, might fail to consider their eligibility for the R&D tax credit program for any number of reasons.  Still, many startups don’t understand they’re eligible to claim the R&D credit and continue to miss out on money they’ve already earned. At Clarus R+D, we talk to entrepreneurs every day and we’ve heard it all. Here are some of the reasons startups miss this non-dilutive funding opportunity.

Too complicated

Some entrepreneurs assume the program sounds too good to be true and, therefore, complicated. At Clarus R+D, we work with small- to mid-sized business owners to discuss the eligibility requirements, explain the benefits of the tax credit program, and offer solutions to maximize the credit.

The business has not produced any revenue

Once again, companies don’t have to demonstrate income (or pay income taxes) to qualify for the credit. Qualifying smaller companies and startups can take the benefit as a payroll tax offset, claiming up to $250,000 every year. This applies to small businesses showing less than $5 million in the credit year, with no gross receipts in the previous five years.

The business does not have any employees

Sure, using the credit to offset payroll taxes does make it seem as if you’d have to have employees to pay. While wages generally contribute most heavily to the final credit calculation, other costs, like supply expenses and contractor payments, are also eligible. Most importantly, if you do take the research and development credit as a payroll tax offset without actual payroll, you can carry the credit forward for up to 20 years.

The business doesn’t do research

This is, perhaps, the greatest misconception about R&D tax credit eligibility. You needn’t be in the business of operating a research laboratory to be eligible for the research and development credit. You don’t have to employ a team of scientists running around in lab coats either. At Clarus R+D, we partner with entrepreneurs across all industries.

The business is not successful

A business does not have to be successful to qualify for the benefit. Riskier initiatives often fail with no return on investment. Recognizing that, the federal government provides incentives like the R&D credit to lessen the burden. Consequently, you will be rewarded for facing technical challenges and pushing forward on innovative solutions. These technological breakthroughs are all part of the research and development terrain. Even if the work isn’t successful, the effort itself (and the costs associated with it) may make your business eligible to receive the credit.

Business does research but not developing anything new

The R&D tax credit is for taxpayers that design, develop, or improve products, processes, techniques, formulas, or software. It’s calculated on the basis of increases in research activities and expenditures—and as a result, it’s intended to reward companies that pursue innovation with increasing investment. R&D doesn’t have to be new to the industry. It simply needs to be new to the company, which must have activities that meet the four-part IRS test below. Read more to learn why small businesses and startups miss out on the R&D tax credit.  Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility.

Contact Clarus R+D for additional information

R&D tax credit consultants: What to expect

Working with a professional R&D tax credit advisor is the best way to determine eligibility and maximize your benefit. Here is what you can expect by selecting Clarus R+D as your R&D tax credit consultants:

  • Clarus R+D provides a team of professionals with expert credentials able to answer all your R&D tax credit questions.
  • Our proprietary software streamlines R&D studies which maximize your ROI.
  • Clarus has expert knowledge of the IRS regulations relating to the research and development tax credit, IRC Section 41, as well as the regulations pertaining to state-specific research and development credits.
  • Clarus has extensive experience in recognizing qualified research activities and expenditures.
  • Our time-proven methodology has yielded maximum benefits to our clients.
  • The Clarus team has helped hundreds of clients claim millions in R&D tax credits.
  • We place emphasis on helping growth businesses take advantage of the tax incentive.
  • Clarus does the work for you; our web-based app allows you to enter information at your own pace.
  • We have extensive IRS and state audit experience and provide our clients with audit support.
  • We have maintained an exceptional success rate in applying for the R&D tax credit.
  • We work directly with our clients and their respective accounting firm and payroll processor.
  • Our process saves valuable time and resources within the engineering and finance departments.
  • Our fees are very competitive.
  • Our performance, success rate, and unparalleled quality of service result in high client loyalty.

Learn more about R&D tax credits

Ready to get started?

Schedule a free consultation with our team of experts to learn more. We’ll discuss the R&D tax credit and help you determine if our solution is a fit for your company.

Schedule a call with Clarus R+D

Clarus R+D gave us tremendous ROI. Easy software. Reasonable fees.

Richard Cumberland / Zupt

Share

ABOUT CLARUS R+DWith custom software backed by a team of tax experts, Clarus R+D specializes in tax credits for growth businesses. Our technology-driven solution simplifies the process, maximizes benefit, and ensures compliance. We partner with accounting firms, financial advisors, investors, payroll providers, and more.

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How to Claim R&D Tax Credits

R&D Tax Credit | December 2, 2020 | 5 min read
People Working on Laptops

If you think your company might qualify for the R&D tax credit, don’t let the potential tax savings go unclaimed — and don’t be intimidated by the thought of an R&D tax credit study or the R&D tax credit documentation requirements. Qualifying activities exist across many different industries. If you’re willing to take a look, you could uncover non-dilutive funding to reinvest in your business and fuel your innovation with these tax savings. By claiming the R&D tax credit, you have a responsibility to make sure your tax documentation is defensible. The laws and regulations require it, and the penalties for not complying can be severe. Too often, we see companies claim the R&D tax credit without creating proper nexus between expenses and projects. Thorough documentation is the answer to this issue. That’s where Clarus R+D can help. Our tax credit software automatically calculates the credit, as well as generates all required documentation. No more stress or confusion about how to properly claim R&D tax credits.

Contact us for additional information

Claiming R&D tax credits

The federal research and development tax credit has been around since 1981 but was made permanent by the PATH Act of 2015. This legislation also opened the door for small businesses that were not profitable to benefit from the credit. In addition, new offsets for the alternative minimum tax and payroll tax made way for even more companies to receive a benefit for their research activities. Generally, large companies account for a significant portion of the overall research performed, and the credit dollars claimed each year. Yet, it’s important to note that the R&D tax credit isn’t just for large companies with established R&D departments. Any company that develops new or improved products, processes, or software could qualify and be eligible to claim the R&D tax credit under the US tax code – whether developed successfully or not.  

As the founder of a startup, the last thing I have time to do is find tax incentives. Clarus R+D made the entire process simple.

Claire Coder / Aunt Flow

Eligibility to claim the R&D tax credit

Regardless of industry, size, or revenue, any business that performs activities meeting the following four tests qualifies for the R&D tax credit:

  1. Permitted purpose – the purpose of a qualifying project must be related to creating a new or improving an existing business component.
  2. Technological in nature – work needs to rely on principles of physical, biological, or computer science or engineering.
  3. Elimination of uncertainty – when work on a qualifying project began there would have been uncertainty related to your capability to create the product or improvement, the methodology you would use, or the correct product design.
  4. Process of experimentation – the project must involve a process by which you tested alternatives and resolved the uncertainty above.

Learn how your business can claim the R&D tax credit

Monetizing the claimed R&D tax credit

The R&D tax credits can be used to offset:

    • Income taxes, if you are in a taxable position.
    • Alternative Minimum Tax (AMT) if you have average annual gross receipts for the prior three years of $50 million or less, and you owe AMT in the current year.
    • Employer portion of Social Security taxes up to $250,000 for each fiscal year if you are a qualified small business. This payroll tax offset allows qualified small businesses to receive a benefit for their research activities regardless of profitability.

What if I don’t have a tax liability?

If you are conducting qualified research and development projects, it’s beneficial to claim the R&D tax credit regardless of your company’s taxable income. R&D tax credits can be carried forward to offset future income tax liability. Typically, credits that can’t be used immediately will carry forward for up to 20 years. Also, companies can often claim the R&D tax credit retroactively by filing amended returns.

Can I offset payroll tax?

Qualified startups can claim up to $250,000 against payroll taxes each year. These businesses can use the claimed R&D tax credit to offset payroll taxes for up to five years, with a maximum of $1.25 million in total credits used on quarterly federal payroll tax returns. Whether or not your startup is profitable, you may qualify for the payroll tax offset if you have less than $5 million in revenue and are within five years of your first gross receipt. Also, it is important to note that unless you claim with the original filing, you will not be able to take the payroll offset.

What about the Alternative Minimum Tax?

Claimed R&D tax credits can now immediately reduce a company’s tax liability, freeing up cash that can be reinvested in the company. Companies whose R&D tax credits may have been limited by the AMT in the past can now use the R&D tax credit to fully offset AMT without regard to tentative minimum tax. Eligible small businesses are sole proprietorships, partnerships, and non-publicly traded corporations with $50 million or less in average annual gross receipts for the prior three years. Clarus R+D has a team of professionals to help you claim and monetize your R&D tax credit benefit.

Schedule a demo with Clarus R+D to learn more

Filing your claim for the R&D tax credit

The R&D tax claim needs to be submitted along with your annual corporate tax filing. Here is what you need to file:

  • Form 6765, Credit for Increasing Research Activities.
  • Form 3800, General Business Credit. This form has a line that asks for the amount of Credit for Increasing Research Activities.
  • Each state will have its own form if it offers a state R&D tax credit program. If you qualify for the payroll tax offset, you will need to make sure you account for it on Form 941, Employer’s Quarterly Federal Tax Return. You will also need to fill out and attach Form 8974, Qualified Small Business Payroll Tax Credit for Increasing Research Activities.
  • Documentation requirements as stated in I.R.C. § 41

Learn more about R&D tax credits

Taxpayer documentation needed to claim the R&D tax credit

A number of factors go into claiming the credit, but the potential savings on the table make exploring the credit a worthy endeavor. The R&D tax credit may be claimed for current and prior tax years. As such, businesses need to document their R&D activities to ensure they are positioned to claim the credit. The taxpayer must document how they met the requirements to qualify for the credit and how the credit was calculated. To claim the credit, the taxpayer must contemporaneously evaluate and document their research activities to establish the amount of qualified research expenses paid for each qualified research activity. While taxpayers may estimate some research expenses, they must have a factual basis for the assumptions used to create the estimates. Examples of such documentation include:

  • Timesheets
  • Version control for all technical documents
  • Prototypes, including software and physical products
  • Test documents
  • Developer or Engineering Notebooks
  • Meeting minutes
  • Whiteboard photos
  • Emails
  • Invoices/ receipts
  • General ledger notes
  • Project notes
  • Contractor agreement outlining statement of work
  • Other documents a company produces throughout the regular course of business

Contact Clarus R+D for additional information

Clarus R+D: What to expect

Here is what you can expect by selecting Clarus R+D as your tax credit consultants:

  • Clarus R+D provides a team of professionals with expert credentials able to answer all your R&D tax credit questions.
  • Our proprietary software streamlines R&D studies which maximizes your ROI.
  • Clarus has expert knowledge of the IRS regulations relating to the research and development tax credit, IRC Section 41, as well as the regulations pertaining to state-specific research and development credits.
  • Clarus has extensive experience in recognizing qualified research activities and expenditures.
  • Our time-proven methodology has yielded maximum benefits to our clients.
  • The Clarus team has helped hundreds of clients claim millions in R&D tax credits.
  • We place emphasis on helping growth businesses take advantage of the tax incentive.
  • Clarus does the work for you; our web-based app allows you to enter information at your own pace.
  • We have extensive IRS and state audit experience and provide our clients with audit support.
  • We have maintained an exceptional success rate in applying for the R&D tax credit.
  • We work directly with our clients and their respective accounting firm and payroll processor.
  • Our process saves valuable time and resources within the engineering and finance departments.
  • Our fees are very competitive.
  • Our performance, success rate, and unparalleled quality of service result in high client loyalty.

Learn more about R&D tax credits

Ready to get started?

Schedule a free consultation with our team of experts to learn more. We’ll discuss the R&D tax credit and help you determine if our solution is a fit for your company.

Schedule a call with Clarus R+D

Clarus R+D gave us tremendous Roi. easy software helpful people reasonable fees.

Richard Cumberland / Zupt

Share

ABOUT CLARUS R+DWith custom software backed by a team of tax experts, Clarus R+D specializes in tax credits for growth businesses. Our technology-driven solution simplifies the process, maximizes benefit, and ensures compliance. We partner with accounting firms, financial advisors, investors, payroll providers, and more.

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What is the Deadline for R&D Tax Credits?

R&D Tax Credit | December 2, 2020 | 6 min read
Tax Return

The research and development (R&D) tax credit helps businesses save millions of dollars every year. For companies engaging in eligible qualified research activities, the R&D tax credit offers them the opportunity to claim tax credits to offset payroll and income tax liability. It is important for businesses to work with an experienced and well-qualified R&D tax credit professional who can assist them in determining whether or not they are eligible, ensuring the business maintains the necessary documentation to support claiming the credit, and filing their R&D tax credit claim before the deadline. Don’t miss out on your opportunity to claim the R&D tax credit. Schedule a free consultation with Clarus R+D to learn more about R&D tax credits and discuss whether your business qualifies. Its technology-driven solution empowers companies to fuel their growth with America’s largest tax incentive.

Contact us for additional information

Your business missed the R&D tax credit filing deadline: Now what?

You and your team are in the business of innovation. You work with a CPA at tax time but realize you can do more to take advantage of tax incentives, like the R&D tax credit. Knowing your business conducts qualified research, you want to be certain to claim the credits and not miss the research and development tax credit filing deadline.  Ideally, your business is going to submit IRS Form 6765 and the required documentation along with your initial tax filing in order to claim the R&D tax credit. For a variety of reasons, businesses often need to revisit tax filings for previous years. As such, there is no need to panic if you didn’t submit all the required documentation or necessary forms at the time of your initial filing; it may not be too late to claim the R&D tax credit. Generally, you have at least three years from the date you file your tax return (or from the statutory due date if the return is filed early) to amend your return to correct any errors or include any missing items. Additionally, this three year period can be further extended if you incur net operating losses, make subsequent tax payments, or voluntarily extend the time to assess deficiencies. Strategically, innovative companies claim the credit every year to realize the highest return on their investment. Even if not utilized in a given tax year, credits can be carried forward up to 20 years, and, in some cases, recorded as deferred tax assets on your balance sheet. Working with an experienced research and development tax credit advisor like Clarus R+D will help you claim R&D tax credits for prior tax filings and assist you in taking advantage of the tax credit going forward.

The R&D tax credit program is an immensely valuable resource which can help your business innovate and grow.

Sham Mustafa / Correlation One

R&D tax credit filing deadline

Paying attention to the R&D tax credit filing deadline is necessary for businesses to take advantage of the code’s largest tax incentive. The research and development tax credit is available to an ever-growing number of businesses who conduct research and development within the United States. The credit was implemented as a Congressional response to the decline in research spending which negatively impacted the Country’s economic growth, productivity gains, and overall global competitiveness. The R&D tax credit was initially implemented in 1981 and has since been reauthorized several times. In 2015, when the Protecting Americans from Tax Hikes (PATH) Act was adopted, the research and development (R&D) credit became a permanent part of the tax code. The R&D tax credit has been expanded throughout the years since its inception.  As such, more and more businesses are engaged in qualified research activities making them eligible for the R&D tax credit. Clarus R+D is your R&D tax credit consultant of choice to help your business take advantage of the research and development tax incentive.

Learn how your business can claim the R&D tax credit

Claiming the R&D tax credit by the deadline matters

Businesses in the United States are battling in an intensely competitive global market. Tax incentives, like the research and development tax credit, are designed to protect American jobs and businesses while spurring ingenuity and innovation. The research and development tax credit helps by allowing you to take advantage of tax credits for the work your business is already doing. Smart businesses are taking those dollars saved via the tax credit and reinvesting in their growth. To make sure your business is able to make that annual reinvestment, it is important to claim your R&D tax credits by the deadline. Many businesses are unaware expenses related to their daily operations could qualify for a dollar-for-dollar tax credit towards their annual income and/or payroll tax liability, irrespective of industry or company size. Additionally, most states offer an R&D tax credit that can supplement the federal R&D tax credit.

For most companies, the credit is worth 7-10% of qualified research expenses. This is a dollar-for-dollar credit against taxes owed. Plus, it carries forward 20 years. For startups, applying the credit against payroll taxes is a valuable, non-dilutive funding opportunity. Eligible expenses for the R&D tax credit include U.S.-based wages, contracting, and supply costs. Most typically, wages are the largest qualified expense, and there must be nexus between the expense and qualified project.

Schedule a demo with Clarus R+D to learn more

Eligibility and the R&D tax credit filing deadline

Before making the decision to claim the R&D tax credit, you need to work with a professional, like Clarus R+D, to help you determine your R&D tax credit eligibility. In order to be eligible for the research and development tax credit, your business must engage in qualified research. Qualified research generally is private sector or commercially driven development intended to yield innovation within a scientific or technological field. The following four-part test determines whether an activity is considered qualified research and, thus, eligible for the R&D tax credit.

Permitted Purpose

The purpose of the activity or project must be to create new (or improve existing) functionality, performance, reliability, or quality of a business component. A business component is defined as any product, process, technique, invention, formula, or computer software that the taxpayer intends to hold for sale, lease, license, or actual use in the taxpayer’s trade or business.

Elimination of Uncertainty

The taxpayer must intend to discover information that would eliminate uncertainty concerning the development or improvement of the business component. Uncertainty exists if the information available to the taxpayer does not establish the capability of development or improvement, method of development or improvement, or the appropriateness of the business component’s design.

Process of Experimentation

The taxpayer must undergo a systematic process designed to evaluate one or more alternatives to achieve a result where the capability or the method of achieving that result, or the appropriate design of that result, is uncertain as of the beginning of the taxpayer’s research activities. Treasury Regulations define this as broadly as conventional implementation of the scientific method to something as informal as systematic trial and error process.

Technological in Nature

The process of experimentation used to discover information must fundamentally rely on principles of the physical or biological sciences, engineering, or computer science. A taxpayer may employ existing technologies and may rely on existing principles of the physical or biological sciences, engineering, or computer science to satisfy this requirement. Research activities that qualify for R&D tax credits must be conducted in the U.S. If your business does any of the following, it likely qualifies for the R&D tax credit:

  • Develops or designs new products or processes
  • Enhances existing products or processes
  • Develops or improves upon existing prototypes and software

Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility.

Learn more about R&D tax credits

R&D tax credit documentation: What you need before the filing deadline 

Claiming the credit is not so daunting for those businesses who maintain proper supporting documentation of their qualified research activities.  Since the credit may be claimed for current and prior tax years, companies can benefit from documenting their R&D activities to ensure they are positioned to claim the credit in both situations. To claim the credit, the taxpayer must contemporaneously evaluate and document their research activities to establish the amount of qualified research expenses paid for each qualified research activity. While taxpayers may estimate some research expenses, they must have a factual basis for the assumptions used to create the estimates.  Examples of such documentation include:

  • Timesheets
  • Version control for all technical documents
  • Prototypes, including software and physical products
  • Test documents
  • Developer or engineering notebooks
  • Meeting minutes
  • Whiteboard photos
  • Emails Invoices/ receipts
  • General ledger notes
  • Project notes
  • Contractor agreement outlining statement of work
  • Other documents a company produces throughout the regular course of business

Having the right supporting documentation will help the taxpayer maximize their benefit.  

Contact Clarus R+D for additional information

R&D tax credit consultants: What to expect

Whether you are planning to claim your credits in your current filing, or need to amend a prior tax year filing, here is what you can expect by selecting Clarus R+D as your R&D tax credit consultants:

  • Clarus R+D provides a team of professionals with expert credentials able to answer all your R&D tax credit questions.
  • Our proprietary software streamlines R&D studies which maximizes your ROI.
  • Clarus has expert knowledge of the IRS regulations relating to the research and development tax credit, IRC Section 41, as well as the regulations pertaining to state-specific research and development credits.
  • Clarus has extensive experience in recognizing qualified research activities and expenditures.
  • Our time-proven methodology has yielded maximum benefits to our clients.
  • The Clarus team has helped hundreds of clients claim millions in R&D tax credits.
  • We place emphasis on helping growth businesses take advantage of the tax incentive.
  • Clarus does the work for you; our web-based app allows you to enter information at your own pace.
  • We have extensive IRS and state audit experience and provide our clients audit support.
  • We have maintained an exceptional success rate in applying for the R&D tax credit.
  • We work directly with our clients and their respective accounting firm and payroll processor.
  • Our process saves valuable time and resources within the engineering and finance departments.
  • Our fees are very competitive.
  • Our performance, success rate, and unparalleled quality of service result in high client loyalty.

Learn more about R&D tax credits

Ready to get started?

Schedule a free consultation with our team of experts to learn more. We’ll discuss the R&D tax credit and help you determine if our solution is a fit for your company.

Schedule a call with Clarus R+D

Clarus R+D gave us tremendous ROI. Easy Software. Helpful people. Reasonable Fees.

Richard Cumberland / Zupt

Share

ABOUT CLARUS R+DWith custom software backed by a team of tax experts, Clarus R+D specializes in tax credits for growth businesses. Our technology-driven solution simplifies the process, maximizes benefit, and ensures compliance. We partner with accounting firms, financial advisors, investors, payroll providers, and more.

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R&D Tax Credits Documentation Requirements

R&D Tax Credit | December 2, 2020 | 7 min read
People Working on Laptops

Businesses across all industries utilize the research and development (R&D) tax credit to generate tax savings. In order for a business to be eligible to claim R&D tax credits, they must conduct qualified research activities. Once a company satisfies the eligibility threshold, it needs to develop an R&D tax credit documentation requirement strategy in order to assist them in substantiating their research and development tax credit claim. An experienced R&D tax credit advisor is the best resource for businesses to assist them in claiming the R&D tax credit. Contact Clarus R+D to learn if your business is eligible to claim the tax credit and to learn how to develop a meaningful R&D tax credit documentation requirement strategy. Its technology-driven solution empowers companies to fuel their growth with America’s largest tax incentive.

Contact us for additional information

R&D tax credit documentation requirement overview

Claiming the R &D tax credit is not so daunting for businesses that maintain proper supporting documentation of their qualified research activities. Businesses need to develop a documentation strategy to satisfy the requirements for claiming the R&D tax credits. To claim the R&D tax credit, the taxpayer must contemporaneously evaluate and document their research activities to establish the amount of qualified research expenses paid for each qualified research activity. While taxpayers may estimate some research expenses, they must have a factual basis for the assumptions used to create the estimates. General examples of such documentation include:

  • Timesheets
  • Version control for all technical documents
  • Prototypes, including software and physical products
  • Test documents
  • Developer or engineering notebooks
  • Meeting minutes
  • Whiteboard photos
  • Emails, invoices, receipts
  • General ledger notes
  • Project notes
  • Contractor agreement outlining statement of work
  • Other documents a company produces throughout the regular course of business

Having the right supporting documentation makes claiming the R&D tax credit a much simpler process. Clarus R+D will work with you so that you are confident you are maintaining the proper documentation to help you maximize your claimed benefit.

Learn how your business can claim the R&D tax credit

Record-keeping requirements for the R&D tax credit

There’s no specific record-keeping requirement for the R&D tax credit. Per the tax code and regulations, taxpayers are simply required to retain records in sufficiently usable form and detail to substantiate that the expenditures claimed are eligible for the credit. This broad requirement for documentation provides taxpayers with some flexibility in documenting qualified research expenditures.

R&D tax credit documentation for qualified research

Wages

Qualified research expenses (QREs) include labor performed for qualified services—tasks performed on projects that meet the four primary qualifying criteria and aren’t specified exclusions. It’s important for a taxpayer to establish a methodology for quantifying wages related to qualified services. The preferred method for quantifying wages is a time tracking system that tracks qualified research hours to qualified projects. This enables a taxpayer to create a nexus between qualified research activities (QRAs) and QREs. There are instances when a time and tracking system is not utilized by the taxpayer. Estimates of time may be accepted. Estimation methods are permitted in cases where the sole issue is the exact amount paid or incurred in the QRA. Accordingly, taxpayers should maintain factual support for the assumptions underlying the time estimates to meet the IRS burden of proof. Taxpayers are only allowed to include taxable wages in the R&D tax credit calculation. Non-taxable items, such as 401(k) contributions, health insurance contributions, and other pre-tax benefit deductions, should be excluded. The following are examples of the types of documentation that can be used to substantiate qualified research wages:

  • Employee W-2s
  • Payroll registers
  • Time tracking data
  • Time questionnaires
  • Interview notes for oral testimony
  • Job descriptions
  • Meeting minutes
  • Documented qualified supply expenses

Supplies

The Internal Revenue Code defines qualified supplies as any tangible personal property used in the conduct of QRAs, except property of a character subject to the allowance for depreciation. Examples of qualified supplies include components used to fabricate and test prototypes, raw materials used during product or process design, or testing and scrapped material resulting from QRAs. Utility expenses are considered general and administrative expenses; however, if you can prove the research required an extraordinary amount of utilities, you can include an appropriate amount. The following are examples of the types of documentation that can be used to substantiate qualified supply expenses:

  • Chart of accounts
  • General ledger
  • Purchase orders
  • Invoices

Taxpayers should track or allocate qualified supply expenses to applicable qualified business components if possible.

Contracting

Contract research expenses can equate to 65 percent of any amount paid or incurred by the company for qualifying research activities carried out by a business or person other than an employee of the company. The actual work concerning contracted research must be carried out in the United States and its territories. Examples of contracted research expenses include the invoiced fees regarding the following:

  • Engineering consultants
  • Subcontractors used to operate prototype process system during development
  • Contracted testing laboratories

The location of the third party is important in establishing QREs. The federal R&D tax credit requires the research and development activities to be conducted within the United States. States that offer state-level R&D tax credits require the R&D to be conducted within their respective states. All offshore R&D should be excluded from consideration. The following are examples of the types of documentation that can be used to substantiate qualified contract research expenses:

  • Chart of accounts
  • General ledger
  • Third-party contracts
  • Purchase orders Invoices
  • Form 1099 (for individual contractors)

Taxpayers should track or allocate contract research expenses to applicable qualified business components if possible.

Schedule a demo with Clarus R+D to learn more

 

The R&D tax credit program is an immensely valuable resource which can help your business innovate and grow.

Sham Mustafa / Correlation One

 

R&D tax credit documentation: The IRS areas of concern

The IRS’s preferred method for capturing QREs is a project-based approach where taxpayers create nexus between QREs and QRAs. Taxpayers aren’t required to provide a factual nexus bridge between claimed QREs and specific business components as long as there’s reliable evidence to support the QREs. The creation of nexus between QREs and QRAs generally is most difficult with respect to capturing qualified wages. Taxpayers should attempt to create nexus between QREs and QRAs when possible. The use of high-level estimates can make it difficult to substantiate an R&D tax credit claim. High-level estimates can include the use of interviews to estimate R&D time percentages and judgment samples. A common example is a chief financial officer or chief executive officer making R&D time percentage estimates for everyone in the organization and not consulting with those individuals closer to the QRAs. Taxpayers should expect to retain additional supporting documentation for high-level employees involved in R&D.

The R&D tax credit calculation is a percentage of the current-year QREs over a base amount. The base amount is calculated using prior-year QREs. Taxpayers are required to maintain consistency in the calculation and must demonstrate consistency between QREs in the credit year and QREs in the base period years. For example, if a taxpayer claims a certain type of expense as QREs in the current year that it never previously treated as QREs, then it must adjust its base period QREs to reflect the inclusion of this type of expense. Taxpayers also are required to make base period adjustments for any acquisitions or dispositions made during the tax year. Acquisitions and dispositions can have a tremendous effect on the final credit result, and the IRS commonly asks about acquisitions and dispositions during exams.

Learn more about R&D tax credits

Eligibility and the R&D tax credit documentation requirements

Not only is it important to develop a documentation strategy, but it is also necessary to work with an experienced R&D tax credit advisor, like Clarus R+D, to help you determine your R&D tax credit eligibility. In order to be eligible for the research and development tax credit, your business must engage in qualified research. Qualified research generally is private sector or commercially driven development intended to yield innovation within a scientific or technological field. The following four-part test determines whether an activity is considered qualified research and, thus, eligible for the R&D tax credit.

Permitted Purpose

The purpose of the activity or project must be to create new (or improve existing) functionality, performance, reliability, or quality of a business component. A business component is defined as any product, process, technique, invention, formula, or computer software that the taxpayer intends to hold for sale, lease, license, or actual use in the taxpayer’s trade or business.

Elimination of Uncertainty

The taxpayer must intend to discover information that would eliminate uncertainty concerning the development or improvement of the business component. Uncertainty exists if the information available to the taxpayer does not establish the capability of development or improvement, method of development or improvement, or the appropriateness of the business component’s design.

Process of Experimentation

The taxpayer must undergo a systematic process designed to evaluate one or more alternatives to achieve a result where the capability or the method of achieving that result, or the appropriate design of that result, is uncertain as of the beginning of the taxpayer’s research activities. Treasury Regulations define this as broadly as conventional implementation of the scientific method to something as informal as systematic trial and error process.

Technological in Nature

The process of experimentation used to discover information must fundamentally rely on principles of the physical or biological sciences, engineering, or computer science. A taxpayer may employ existing technologies and may rely on existing principles of the physical or biological sciences, engineering, or computer science to satisfy this requirement. Research activities that qualify for R&D tax credits must be conducted in the U.S. If your business does any of the following, it likely qualifies for the R&D tax credit:

  • Develops or designs new products or processes
  • Enhances existing products or processes
  • Develops or improves upon existing prototypes and software

Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility.

Contact Clarus R+D for additional information

R&D tax credit consultants: What to expect

Whether you are in the process of developing an R&D tax credit strategy or looking for assistance in determining your eligibility, working with an R&D tax credit advisor like Clarus R+D has many advantages. Here is what you can expect by selecting Clarus R+D as your R&D tax credit consultants:

  • Clarus R+D provides a team of professionals with expert credentials able to answer all your R&D tax credit questions.
  • Our proprietary software streamlines R&D studies which maximizes your ROI.
  • Clarus has expert knowledge of the IRS regulations relating to the research and development tax credit, IRC Section 41, as well as the regulations pertaining to state-specific research and development credits.
  • Clarus has extensive experience in recognizing qualified research activities and expenditures.
  • Our time-proven methodology has yielded maximum benefits to our clients.
  • The Clarus team has helped hundreds of clients claim millions in R&D tax credits.
  • We place emphasis on helping growth businesses take advantage of the tax incentive.
  • Clarus does the work for you; our web-based app allows you to enter information at your own pace.
  • We have extensive IRS and state audit experience and provide our clients with audit support.
  • We have maintained an exceptional success rate in applying for the R&D tax credit.
  • We work directly with our clients and their respective accounting firm and payroll processor.
  • Our process saves valuable time and resources within the engineering and finance departments.
  • Our fees are very competitive.
  • Our performance, success rate, and unparalleled quality of service result in high client loyalty.

Learn more about R&D tax credits

Ready to get started?

Schedule a free consultation with our team of experts to learn more. We’ll discuss the R&D tax credit and help you determine if our solution is a fit for your company.

Schedule a call with Clarus R+D

 

Clarus R+D gave us tremendous ROI. Easy software. Helpful people. Reasonable fees.

Richard Cumberland / Zupt

Share

ABOUT CLARUS R+DWith custom software backed by a team of tax experts, Clarus R+D specializes in tax credits for growth businesses. Our technology-driven solution simplifies the process, maximizes benefit, and ensures compliance. We partner with accounting firms, financial advisors, investors, payroll providers, and more.

Back to Blog

Are you Eligible for the R&D Tax Credit?

R&D Tax Credit | November 20, 2020 | 8 min read
Business owners at meeting

The R&D tax credit is the biggest tax incentive available to businesses. Since its introduction in 1981, the R&D tax credit has expanded so that more and more businesses across many industries are able to claim the tax credits. In order for your business to be eligible to qualify for the R&D tax credit, it must engage in certain qualified research activities. The best way to learn more about R&D tax credit eligibility is to work with an experienced and well-qualified R&D tax credit consultant. Schedule a free consultation with Clarus R+D to learn more about R&D tax credits or to discuss whether your business is eligible. Its technology-driven solution empowers companies to fuel their growth with America’s largest tax incentive.

Contact us for additional information

Is your business eligible for the R&D tax credit?

The Research and Development tax credit is a government-sponsored tax incentive available to companies who conduct research and development within the United States. The credit was implemented as a Congressional response to the decline in research spending which negatively impacted the Country’s economic growth, productivity gains, and overall global competitiveness. The R&D tax credit was initially implemented in 1981 and has since been reauthorized several times. In 2015, when the Protecting Americans from Tax Hikes (PATH) Act was adopted, the Research and Development (R&D) credit became a permanent part of the tax code.

I encourage any entrepreneur or company with significant dev expenses to pursue the R&D tax credit. The ROI compared to the amount of time spent is worth it.

Jeff Wilkins / FMX

Many taxpayers assume the R&D tax credit is available only to major corporations conducting tests in research laboratories. This, of course, is not the case. Businesses of all sizes across many industries are eligible for the incentive as long as they are engaged in qualified research activities. Under the current tax code, any company that develops or improves products or processes may be eligible for the credit. The number of businesses who engage in eligible activities is ever-increasing as are the eligible activities that qualify a business for the credit. More and more businesses are engaged in qualified research activities making them eligible for the R&D tax credit. Clarus R+D is your tax credit consultant of choice to help your business take advantage of the research and development tax incentive.

Learn how your business can claim the R&D tax credit

Qualified research drives R&D tax credit eligibility

Working with a professional R&D tax credit consultant, like Clarus R+D, is the best way for you to determine your tax credit eligibility. In order to be eligible for the research and development tax credit, your business must engage in qualified research. Qualified research generally is a private sector or commercially driven development intended to yield innovation within a scientific or technological field. The following four-part test determines whether an activity is considered qualified research and, thus, eligible for the R&D tax credit.

Permitted Purpose

The purpose of the activity or project must be to create new (or improve existing) functionality, performance, reliability, or quality of a business component. A business component is defined as any product, process, technique, invention, formula, or computer software that the taxpayer intends to hold for sale, lease, license, or actual use in the taxpayer’s trade or business.

Elimination of Uncertainty

The taxpayer must intend to discover information that would eliminate uncertainty concerning the development or improvement of the business component. Uncertainty exists if the information available to the taxpayer does not establish the capability of development or improvement, method of development or improvement, or the appropriateness of the business component’s design.

Process of Experimentation

The taxpayer must undergo a systematic process designed to evaluate one or more alternatives to achieve a result where the capability or the method of achieving that result, or the appropriate design of that result, is uncertain as of the beginning of the taxpayer’s research activities. Treasury Regulations define this as broadly as conventional implementation of the scientific method to something as informal as systematic trial and error process.

Technological in Nature

The process of experimentation used to discover information must fundamentally rely on principles of the physical or biological sciences, engineering, or computer science. A taxpayer may employ existing technologies and may rely on existing principles of the physical or biological sciences, engineering, or computer science to satisfy this requirement. Research activities that qualify for R&D tax credits must be conducted in the U.S. If your business does any of the following, it likely qualifies for the R&D tax credit:

  • Develops or designs new products or processes
  • Enhances existing products or processes
  • Develops or improves upon existing prototypes and software

Exclusions

Even if your work passes the four-part test, there are a few exclusions to the R&D tax credit. Expenses incurred under the exclusions will not qualify for the incentive. Some of these already appear in the four-part test, including the need to rely on hard sciences. The activity must take place in the U.S. and cannot include routine data collection or market research. Also, activities cannot receive funding from an unrelated third party because your company might not retain ownership of the resulting intellectual property. 

Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility.

Schedule a demo with Clarus R+D to learn more

R&D tax credit eligible activities and industries

With the expansion of the research and development tax credit over the years, more businesses than ever before engage in activities making them eligible to claim the R&D tax credit. If you are uncertain if your business activities qualify, contact a professional consultant, like Clarus R+D, who can help. In the meantime, listed below are examples of activities that may be considered qualifying research activities: ​

  • Conduct testing of new concepts and technology
  • Develop prototypes and models
  • Develop new, improved, or more reliable products, processes, or formulas
  • Develop or apply for patents
  • Add equipment that improves a process
  • Streamline your manufacturing process
  • Develop new software
  • Design for LEED/green initiatives
  • Conduct environmental testing
  • HVAC concept and design
  • Searching for ways to apply new research findings
  • Designing product alternatives
  • Conducting system and functional requirements analysis
  • Utilizing integration analysis
  • Conducting research aimed to significantly cut a product’s time-to-market
  • Conducting research aimed to obtain more efficient designs
  • Developing and modifying research methods / formulations / products
  • Paying outside consultants / contractors to do any of the above activities

More traditional scientific work, like one might imagine in pharmaceutical product development, is naturally considered qualified research. What about work in other industries?  A list follows that provides examples of various industries that often engage in R&D tax credit eligible work.  

    • Manufacturing
    • Consumer products
    • Medical devices
    • Software development
    • Chemical 
    • Apparel
    • Telecommunications
    • Pharmaceuticals
    • Food & Beverage
    • Engineering
    • Aerospace
    • Cosmetics 

Learn more about R&D tax credits

Common misconceptions about R&D tax credit eligibility

Every year, eligible businesses don’t avail themselves of the benefits of the R&D tax credit. IRS statistics show that R&D tax credits worth over $12 billion were claimed in 2014, the latest year for which data is available. While this sounds significant, a large number of eligible entities neglect to claim the R&D credit. One of the biggest drivers for the underutilization is likely a lack of knowledge by both taxpayers and their advisers. Many are unaware of the R&D credit or otherwise believe their business activities are not eligible. Other reasons taxpayers miss out in claiming the credit include:

  • Lack of understanding
  • Can’t monetize the credit
  • Complexity of the calculation
  • Cost
  • Audit fear

Clarus R+D can help provide clarification on the applicability of the research and development credit, walk you and your team through a study and calculation, and can be there to support you in times of an audit.  

Small businesses and startups

Despite its well-established and successful history, countless eligible companies fail to claim the research and development tax credit every year. This is especially true for owners of small businesses and startups. 

Small businesses and startups may be eligible to apply up to $1.25 million—or $250,000 each year for up to five years—of the federal R&D credit to offset the Federal Insurance Contributions Act (FICA) portion of their payroll taxes each year. To be eligible, a company must meet two requirements:

  1. Have less than $5 million in gross receipts for the credit year
  2. Have no more than five years of gross receipts 

Those taxpayers, however, might fail to consider their eligibility for the R&D tax credit program for any number of reasons.  Still, many startups don’t understand they’re eligible to claim the R&D credit and continue to miss out on money they’ve already earned. At Clarus R+D, we talk to entrepreneurs every day and we’ve heard it all. Here are some of the reasons startups miss this non-dilutive funding opportunity. 

Too complicated

Some entrepreneurs assume the program sounds too good to be true and, therefore, complicated. At Clarus R+D, we work with small- to mid-sized business owners to discuss the eligibility requirements, explain the benefits of the tax credit program, and offer solutions to maximize the credit. 

The business has not produced any revenue

Once again, companies don’t have to demonstrate income (or pay income taxes) to qualify for the credit. Qualifying smaller companies and startups can take the benefit as a payroll tax offset, claiming up to $250,000 every year. This applies to small businesses showing less than $5 million in the credit year, with no gross receipts in the previous five years.

The business does not have any employees

Sure, using the credit to offset payroll taxes does make it seem as if you’d have to have employees to pay. While wages generally contribute most heavily to the final credit calculation, other costs, like supply expenses and contractor payments, are also eligible. Most importantly, if you do take the research and development credit as a payroll tax offset without actual payroll, you can carry the credit forward for up to 20 years.

The business doesn’t do research

This is, perhaps, the greatest misconception about R&D tax credit eligibility. You needn’t be in the business of operating a research laboratory to be eligible for the research and development credit. You don’t have to employ a team of scientists running around in lab coats either. At Clarus R+D, we partner with entrepreneurs across all industries. 

The business is not successful

A business does not have to be successful to qualify for the benefit. Riskier initiatives often fail with no return on investment. Recognizing that, the federal government provides incentives like the R&D credit to lessen the burden. Consequently, you will be rewarded for facing technical challenges and pushing forward on innovative solutions. These technological breakthroughs are all part of the research and development terrain. Even if the work isn’t successful, the effort itself (and the costs associated with it) may make your business eligible to receive the credit. 

Business does research but not developing anything new 

The R&D tax credit is for taxpayers that design, develop, or improve products, processes, techniques, formulas, or software. It’s calculated on the basis of increases in research activities and expenditures—and as a result, it’s intended to reward companies that pursue innovation with increasing investment. R&D doesn’t have to be new to the industry. It simply needs to be new to the company, which must have activities that meet the four-part IRS test below.

Read more to learn why small businesses and startups miss out on the R&D tax credit.  Clarus R+D will work with you to help you understand what is considered qualified research for purposes of determining R&D tax credit eligibility.

Contact Clarus R+D for additional information

R&D tax credit consultants: What to expect

Working with a professional R&D tax credit advisor is the best way to determine eligibility and maximize your benefit. Here is what you can expect by selecting Clarus R+D as your R&D tax credit consultants:

  • Clarus R+D provides a team of professionals with expert credentials able to answer all your R&D tax credit questions.
  • Our proprietary software streamlines R&D studies which maximizes your ROI.
  • Clarus has expert knowledge of the IRS regulations relating to the research and development tax credit, IRC Section 41, as well as the regulations pertaining to state-specific research and development credits.
  • Clarus has extensive experience in recognizing qualified research activities and expenditures.
  • Our time-proven methodology has yielded maximum benefits to our clients.
  • The Clarus team has helped hundreds of clients claim millions in R&D tax credits.
  • We place emphasis on helping growth businesses take advantage of the tax incentive.
  • Clarus does the work for you; our web-based app allows you to enter information at your own pace.
  • We have extensive IRS and state audit experience and provide our clients with audit support.
  • We have maintained an exceptional success rate in applying for the R&D tax credit.
  • We work directly with our clients and their respective accounting firm and payroll processor.
  • Our process saves valuable time and resources within the engineering and finance departments.
  • Our fees are very competitive.
  • Our performance, success rate, and unparalleled quality of service result in high client loyalty.

Learn more about R&D tax credits

Ready to get started?

Schedule a free consultation with our team of experts to learn more. We’ll discuss the R&D tax credit and help you determine if our solution is a fit for your company.

Schedule a call with Clarus R+D

 

Clarus R+D gave us tremendous ROI. Easy software. Reasonable fees.

Richard Cumberland / Zupt

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ABOUT CLARUS R+DWith custom software backed by a team of tax experts, Clarus R+D specializes in tax credits for growth businesses. Our technology-driven solution simplifies the process, maximizes benefit, and ensures compliance. We partner with accounting firms, financial advisors, investors, payroll providers, and more.

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