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Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

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191–200 of 957 posts

Re: Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

#191

A lot of people don't know what this Section 174 is about, so here's a brief explainer. Normally, when you have expenses, you deduct them off your revenue to find your taxable profit. If you have $1 million in sales, and $900k in costs, you have $100k in profit, and the government taxes you on that profit. Section 174 says you can't do this for software engineers. If you pay a software engineer, that's not "really" a…

Just to drive the point home very explicitly: That means, in the given example above, you are able to deduct $180k that first year instead of $900k. That gives you a profit, from a tax perspective, of $820k. But you only have $100k of actual dollars. Good luck paying your taxes!

This seems like the biggest reason behind the mass layoffs, not the end of ZIRP.

Re: Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

#192

Earlier quoted context omitted.

I would be surprised if nearly all software companies wouldn't consider their code to be a valuable capital asset. For example, do you think your company would be okay with releasing commits/snapshots of their source code and design docs into the public domain once they hit 5 years old? Or do they currently depreciate too quickly ?

If you're ripping off a competitor, sure, the salaries of your engineers roughly translates to the value of the resulting capital asset. But the most valuable work that software engineers do is the stuff that has never been done before. The salaries of your developers and designers and your product managers go first towards figuring out what a valuable capital asset would look like. Only after that can you start inve…

> If you're ripping off a competitor, sure, the salaries of your engineers roughly translates to the value of the resulting capital asset.

I don't think this comes close to being true. It would make ripping off a competitor pointless.

Re: Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

#193
post #46

Other than it’s nice not to have your profession taxed, what is the argument that software development shouldn’t be taxed as opposed to all sorts of other white collar work?

> other white collar work Some examples of white collar work that builds long-lived assets but where the work isn't required to be amortized over long periods of time: - marketing collateral development, unless it is done by engineers - development of standard legal documents like contracts - development of HR policy - development of financial processes & associated reporting, unless done by engineers - art developme…

Maintenance and bug-fixes seem to be outside the R&D rules, so that expense would be 100% deductible in the year charged.

Re: Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

#194

A lot of people don't know what this Section 174 is about, so here's a brief explainer. Normally, when you have expenses, you deduct them off your revenue to find your taxable profit. If you have $1 million in sales, and $900k in costs, you have $100k in profit, and the government taxes you on that profit. Section 174 says you can't do this for software engineers. If you pay a software engineer, that's not "really" a…

Maybe this is a dumb question, but if you only deduct part of their salary in the first year, what happens if you have a software developer for several years?

And then what happens after five years if they are still around?

Re: Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

#195

A lot of people don't know what this Section 174 is about, so here's a brief explainer. Normally, when you have expenses, you deduct them off your revenue to find your taxable profit. If you have $1 million in sales, and $900k in costs, you have $100k in profit, and the government taxes you on that profit. Section 174 says you can't do this for software engineers. If you pay a software engineer, that's not "really" a…

See also this long-time tax discrimination against software engineers

https://www.taxnotes.com/research/federal/other-documents/tr...

Re: Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

#196

This is where it's really important to use a bug tracker that can distinguish between bugs/maintenance and feature development. The former can be deducted but the latter has to be amortized.

That doesn't help whatsoever in this situation, the wording does not leave any room for distinguishing bugs/maintenance and feature development.

Re: Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

#197

Are there any sources for the argument why this should apply to software and not to, say, farm equipment? The cash flow and taxation story seems to be the same.

When you buy farm equipment, you're getting something that (barring manufacturer defects, natural disasters, etc) is (nearly always at least) a long-term asset going to be providing a very predictable level of value over the next many years. Same with computers and things like that. With software development, the predictability is almost entirely non-existent for new and/or smaller software companies. I've personally…

How is farm equipment predictable? Droughts and floods make farming unpredictable.

Re: Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

#198

A lot of people don't know what this Section 174 is about, so here's a brief explainer. Normally, when you have expenses, you deduct them off your revenue to find your taxable profit. If you have $1 million in sales, and $900k in costs, you have $100k in profit, and the government taxes you on that profit. Section 174 says you can't do this for software engineers. If you pay a software engineer, that's not "really" a…

So it applies to software engineers but under what definition of software engineer? This [1] is the only definition the code actually give. > (3) Software development > For purposes of this section, any amount paid or incurred in connection with the development of any software shall be treated as a research or experimental expenditure. 1. https://www.law.cornell.edu/uscode/text/26/174 ----- Is a test or QA engineer c…

The IRS released guidance back in 2023: https://www.irs.gov/pub/irs-drop/n-23-63.pdf

It starts on page 23.

Plenty of analysis online by tax firms but I'll quote from this one: https://insightplus.bakermckenzie.com/bm/attachment_dw.actio...

> Generally, activities treated as software development for section 174 purposes include, but are not limited to, the following.

• planning the development of the computer software

• designing the computer software

• building a model of the computer software

• writing source code and converting it to machine-readable code

• testing the computer software (up to the point that a taxpayer places the computer software into service or determines that the computer software is ready for sale or licensing to others)

• producing product master(s), if the taxpayer develops the computer software for sale or licensing to others.

> Activities that are not treated as software development vis-à-vis software developed by a taxpayer for use in its trade or business are as follows:

• training employees and other stakeholders that will use the computer software

• maintenance activities after the taxpayer places the computer software into service

• data conversion activities, except for activities to develop computer software that facilitate access to existing data or data conversion

• installing the computer software and other activities relating to placing the computer software into service

Re: Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

#199
post #133

Earlier quoted context omitted.

So it applies to software engineers but under what definition of software engineer? This [1] is the only definition the code actually give. > (3) Software development > For purposes of this section, any amount paid or incurred in connection with the development of any software shall be treated as a research or experimental expenditure. 1. https://www.law.cornell.edu/uscode/text/26/174 ----- Is a test or QA engineer c…

> under what definition of software engineer? Probably a broad enough definition to net the US Government the greatest tax revenue possible for the effort to enact this.

They want the change to _seem_ like it will bring in revenue so the CBO number adding to the deficit is lower.

The folks advocating for this could care less about the deficit, but they need to act like they care.

Re: Tell HN: Help restore the tax deduction for software dev in the US (Section 174)

#200
post #52

Earlier quoted context omitted.

pg used to do it semi-regularly, especially on internet freedom isssues (edit: and software patents, IIRC), so arguably this is getting back to HN's roots. I remember he did an anti-SOPA thing on HN which involved some kind of banner at the top of the frontpage. It's probably saved at archive.org somewhere.

I guess I understand internet freedom causes better. Also, they are universal worldwide, this is USA specific

It affects any software developers worldwide that work for US companies. The specific tax law is even worse for foreign developers, since it requires amortization of non-American software developer expenses over 15 years instead of 5 years. How much code is written that retains its value for 15 years?
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