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Thousands of small businesses are struggling because of R&D amortization

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Re: Thousands of small businesses are struggling because of R&D amortization

#341

Earlier quoted context omitted.

How would you classify software _developers_ if not under Research & _Development_?

We'll call them "sustaining engineers" and define most features as "bug fixes." Problem solved.

If you call them sustaining members maybe you can ask CPB, PRI and NPR for tax advice.

Re: Thousands of small businesses are struggling because of R&D amortization

#342

Why would I be on the side of someone willing to go through all this trouble just to avoid paying American wages? Frankly, I would prefer you not start a business or do it elsewhere.

This affects all US software companies, even when you hire US employees.

Congress delayed it for 2 years only for US employees.

Re: Thousands of small businesses are struggling because of R&D amortization

#343

Earlier quoted context omitted.

No, what you linked to there specifically says that "In the case of a taxpayer’s specified research or experimental expenditures for any taxable year", _then_ any software development is classified as R&D for the purpose of requiring capitalization. I don't see anywhere saying that _any and all software development_ is considered "research or experimental". Ie., if some company pays you to build a piece of software a…

The link literally says that: > 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.

Yes, "For purposes of this section" meaning "Section 174", which is about:

> (a)In general > In the case of a taxpayer’s specified research or experimental expenditures for any taxable year—

So if you are not doing "research or experimental expenditures", all of the specifications in this section do not apply to you.

Re: Thousands of small businesses are struggling because of R&D amortization

#344
post #238

Earlier quoted context omitted.

Those are physical things that had to be amortized anyway, and I had planned for that.

That's not correct through '27: https://tax.thomsonreuters.com/en/glossary/bonus-depreciatio... It also applies to e.g. saas used for software development, which never would be depreciated over time previously. So your paid GitHub account? Amortize it over 5 years.

Don't use none of that, so not worried.

Re: Thousands of small businesses are struggling because of R&D amortization

#345
post #296

Earlier quoted context omitted.

No, what you linked to there specifically says that "In the case of a taxpayer’s specified research or experimental expenditures for any taxable year", _then_ any software development is classified as R&D for the purpose of requiring capitalization. I don't see anywhere saying that _any and all software development_ is considered "research or experimental". Ie., if some company pays you to build a piece of software a…

> Ie., if some company pays you to build a piece of software and you hand it over when you're done, you were not engaged in research/experimental expenditures if you paid people to build said software. Then it's your customer's R&D, and they have to amortize their payment to you. If you're doing outsourced software development for SMBs and startups, you might not be directly taxed under this rule, but your customers…

Absolutely true! It's a burden on our clients for sure, and something I'll be sure to make them aware of before signing on (presuming this section doesn't get unturned in the near future...)

Re: Thousands of small businesses are struggling because of R&D amortization

#346
post #330

Earlier quoted context omitted.

Taking a 30% hit on business income is a significant thing.

Tech startups are usually “let’s take a gamble” not “let’s pencil in 30% tax deductions.” I’m all for not paying taxes but it’s not typically part of the calculus before starting something.

Which is why so many are having issues. Having to come up with a 30-60k per engineer on top of your expected salary burn rate can have serious impacts to a startup runway.

Re: Thousands of small businesses are struggling because of R&D amortization

#347
Is anyone here capable of cogently summarizing The Tax Relief for American Families and Workers Act of 2024, its likelihood of passing into law, and whether that will actually fix this?

(As far as I can read it, if passed it would delay this until 2025, likely with the intent to change the laws before that but with more time to debate.)

Re: Thousands of small businesses are struggling because of R&D amortization

#348
post #293

Earlier quoted context omitted.

> Yes, Switzerland pays you to run a startup. It sounds like they're just taxing you less, not paying you anything.

A tax credit gets paid out if you end in green doesn’t it?

A refundable credit does, but not all credits are refundable.

Re: Thousands of small businesses are struggling because of R&D amortization

#349
post #261

To be fair, accelerated R&D amortization (immediate full expensing in the year the expense was incurred) is a tax loophole . Essentially, the default tax treatment of expenses is basically to take the expense same as you would treat it under GAAP, but some people (I am one of them BTW) think that we should put a finger on the scales for the case of legitimate R&D. Now though I happen to think accelerating it is a goo…

I respectfully disagree. By these arguments, literally every deduction from revenue to calculate taxable income is a "loophole". How far does that go?

What's more absurd than life itself is that you can deduct 100% of a 6000GVWR truck which you financed for 7 years, but my engineers salaries aren't deductible because I'm "building some product" so that's "development".

I mean give me a freaking break.

Re: Thousands of small businesses are struggling because of R&D amortization

#350

Is anyone here capable of cogently summarizing The Tax Relief for American Families and Workers Act of 2024, its likelihood of passing into law, and whether that will actually fix this? (As far as I can read it, if passed it would delay this until 2025, likely with the intent to change the laws before that but with more time to debate.)

How typical of Congress to intentionally set up fights every 2-3 years over completely obvious BS, and summarily shut down the government and scapegoat something else like top-line rates on the "working rich" while playing class warfare politics.
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