Federal and State R&D Tax Credit: Enabling Innovation

Over 65 industries can qualify for the R&D Tax Credit by innovating or improving products, processes, or technologies.

R&D Tax Credit

R&D Tax Credit Basics

What is R&D Tax Credit?

Established in 1981, the Research & Development Tax Credit is a federal incentive that allows companies to reduce income tax liability in the current tax year, and receive a cash refund for taxes paid in the last three years.

Many states have implemented their own version of the R&D Tax Credit, allowing qualifying businesses to claim both federal and state credits. In 2015, the Protecting Americans from Tax Hikes (PATH) Act made the federal R&D Tax Credit permanent and expanded its accessibility for qualified small businesses. With these changes, qualifying small businesses may claim the Payroll Tax Credit to offset some of their payroll tax liability.

The majority of businesses are unaware that their daily operations could qualify to a dollar-for-dollar Tax Credit, irrespective of industry or company size. An activity that meets the 4-part test is a qualifying research activity and can potentially qualify for claiming R&D Tax Credit.

Eligibility

R&D Four-Part Test

01 New, or Improved, Business Component

New, or Improved, Business Component

What does your company offer? A product, process, software, formula, or invention. How has your company changed the game? Permitted preposes: Improve performance, efficiency, functionality, quality, durability, security.
R&D Tax Credit
02 Elimination of Uncertainty

Elimination of Uncertainty

The activity must be intended to discover information to eliminate uncertainty concerning the capability or method for developing or improving a product or process, or the appropriateness of the product design. Even unsuccessful attempts shed light on what can and cannot be achieved, so don’t discount failed R&D projects.
ODTC
03 Processes of Experimentation

Processes of Experimentation

Did the company conduct a process of experimentation to resolve uncertainties? This may include trial and error, modeling, simulation, prototyping, testing, or evaluating alternative designs, methods, or technologies in the development of a new or improved product/process.
R&D Product
04 Technological in Nature

Technological in Nature

Application of principles of the hard sciences: engineering, computer science, physics, chemistry, etc.
R&D Tax Credit

Why Leyton

Global Leading Innovation Incentives Firm

1,000+

Tax & Industry Technical Experts

29+

Years of Experience

20

Countries

65+

Industries Served

money
$11B+

Innovation Tax Incentives Claims

How it helps

Qualifeid Research Expenses (QREs)

The R&D Tax Credit is generally calculated using four categories of qualified research expenses (QREs): employee wages, supplies and raw materials, cloud computing costs, and contract research expenses

Our Process

Leyton’s Steps for Success

A streamlined six-step process designed to maximize your R&D Tax Credit

01.

Getting Started

Meet with a member of our team to receive an overview of the R&D Tax Credit and review your eligibility. Our team will collect the financial documentation needed from you.

02.

Initial Assessment (IA)

Our team will use this information & data to estimate what incentives you are eligible for and establish an optimal claim timeline. If no credit is identified, there will be no cost for you.

03.

Technical & Financial Scoping

Our technical consultants will determine the list of qualified R&D projects according the 4-part test while our tax consultants will work with you to ensure that the Qualified Research Expenditures (QREs) are accurate.

04.

Report Writing & Finalization

Leyton’s team of Tax and Technical experts will work together to complete the calculations and provide your deliverables, including a detailed technical report and supporting documentation.

05.

Receive your Benefits

After filing the proper documentation with the IRS, the tax credit will reduce your income tax liability in the current tax year and refund for the previous 3 years. Any remaining credit can be carried forward up to 20 years.

06.

Study Review and Future Claim

Review your R&D Study Report with our Tax and Technical experts for the next year to increase efficiencies for future claims.

Trusted Innovation Incentives Experts

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Supporting clients through every step of their R&D  journey.

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Schedule a Free Consultation

Our Innovation team is there to ensure your projects are seen from all perspectives and to answer all your questions and help you make the most out of your Innovation efforts

FAQs

Frequently Asked Questions

Can’t find the answer you’re after? Please contact our team

How long will it take to get my claim?

Our goal is to make the process as efficient as possible. Once we receive all required financial and technical documentation, an R&D Tax Credit study is typically completed within 1–2 months, depending on the size and complexity of your business.

Completing the study is separate from receiving the tax benefit. If the credit is claimed on a current-year tax return, the benefit may be realized when the return is filed. If you’re claiming the credit through an amended return, the IRS processing time for a refund can vary and may take 12 months or longer.

No, claiming the R&D Tax Credit does not increase your risk of audit; the chance of audit is increased slightly (1 – 3% Federal average) upon amending a return – regardless of the reason. This slight risk is inherent in amending for a refund due to claiming the credit in a past year vs. On a timely-filed return.

Yes, any cost claimed towards the R&D Credit must have been derived in the U.S. That means for employees and contractors, they must have been located in the U.S. or U.S. territories in order for those payments to count as eligible expenses towards the credit.

Yes, sub-contracted expenses can be included at 65% of their cost incurred by the company. (I.e. a contractor paid $100k would have $65k in eligible expenses to potentially be qualified towards the credit).