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

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

#621
On "Section 174" and more on taxes from Hill, Barth & King LLC

at

https://hbkcpa.com/insights/proposed-tax-bill-addresses-trum...

is in part:

     Jobs Act. The bill also addresses the
     “big three” business tax provisions:
     deducting research and development
     expenses, 100% bonus depreciation,
     and loosening the rules for the
     deductibility of business interest.
with

     deducting research and development
     expenses
For more there is (with my reformating of the text):

HBK

Home / Insights / Proposed Tax Bill Addresses Trump Campaign Promises and Expiring TCJA Provisions

Proposed Tax Bill Addresses Trump Campaign Promises and Expiring TCJA Provisions

Date May 15, 2025

Earlier this week, the House Ways and Means Committee released details of a multi-trillion-dollar tax-cut bill. The legislation closely follows President Donald Trump’s campaign promises of no tax on tips and overtime, tax breaks for seniors and car buyers, and extension of much of the expiring 2017 Tax Cuts and Jobs Act. The bill also addresses the “big three” business tax provisions: deducting research and development expenses, 100% bonus depreciation, and loosening the rules for the deductibility of business interest.

Key Provisions

(1) Permanent extension of individual income tax rates (no new millionaire’s tax rate)

(2) Permanent extension of the higher standard deduction with temporary increases for 2025 through 2028

(3) Additional $4,000 standard deduction for seniors (subject to income limitations)

(4) Estate and gift exemption increased to $15MM

(5) State and local tax deduction is increased from $10,000 to $30,000 (subject to income limitations)

(6) Child tax credit of $2,000 made permanent with an increase to $2,500 for 2025 through 2028

(7) Return of the $300/$600 above-the-line deduction for charitable contributions

(8) 100% bonus depreciation for assets placed in service after 1/19/25 and before 1/1/2030

(9) Full expensing of Section 174 domestic research and experimental expenses for 2025 through 2029

(10) Increase in the Section 179 deduction to $2.5MM with the phaseout beginning at $4MM

(11) Qualified business income deduction made permanent and increased to 23%

(12) Addition of a special deduction for “Qualified Production Property” which allows 100% depreciation for manufacturing buildings

(13) Eliminates many business, home and vehicle energy tax credits

(14) Creating a new round of Qualified Opportunity Zones with investor tax benefits

There is still substantial debate to come as this bill moves through Congress. We will continue to monitor developments and keep you updated on any changes that may affect your tax situation. Please contact HBK with any questions or to discuss how these potential tax changes might impact your specific financial circumstances.

So items (8) and (9) seem to have to do with deducting "depreciation for assets" and "Section 174".

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

#623

Earlier quoted context omitted.

>AFAIK, the increased spending at the IRS did not lead to concomitant offsetting recoveries. This is a predictable outcome, the amount of enforcement activity has been pretty finely tuned for decades to optimize ROI. Most of the recoveries come from changing focuses on compliance to areas that haven’t seen much enforcement activity in many years. Fighting entropy basically. AFAIK, all the data shows exactly the oppos…

These are studies designed to show positive results, and are susceptible to the criticism the parent identified. IRS enforcement has diminishing returns because the IRS starts with the small minority of people who are very obviously cheating on their taxes. Those people get audited and the IRS very easily recovers money from them. If you want to audit more people than that, you have to audit people who are less likel…

The criticism the parent identified has almost nothing to do with these studies. It was that there is an equilibrium point where enforcement is counterproductive, but it did not identify anything about where that is or how that point relates to where we are.

At some point it gets to that level, but all of these studies show it is extremely far from that at present. This is also not at all what the IRS has been advocating going after.

The extremely cheap (for the IRS) audits you are talking about are the ones they have been doing for years because they can afford to. The tax situations are simple so don't require significant resources to audit. These are also the situations the original comment was talking about. The IRS and others have been advocating for years for the resource to go after actual tax cheats of wealthy individuals and corporations, whose tax situations are (intentionally) so complex that it is a serious investment to audit. Once you do audit them however, their tax dodging decreases for years into the future. This costs the employees and financial advisors dedicated to dodging taxes money.

The "hidden costs" you are so concerned about here, in many cases cannot be argued to exist. The people that would spend time defending violators are otherwise fully employed doing the opposite... coming up with ways to get around the taxes their employers or customers are supposed to be paying. Instead of costing $2, that comes out as getting yet another $2 out of that audit by distracting a societal parasite.

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

#624
post #568

Earlier quoted context omitted.

You're bringing up the question of "what is a fair tax rate," which is reasonable. The questions of this legislation, though, are different: Should we incentivize companies to hire corporate executives instead of engineers? Should we favor trillion dollar companies over startups? (It is much cheaper for Amazon to loan money to the government than three people starting a new venture from scratch, so this favors concen…

I think ultimately your interpretation is correct in your last paragraph, but I do wish someone in government would explain what they were trying to incentivize with the change. Maybe they felt like software companies were too heavily incentivized by the tax code to invest in unproven, unsustainable businesses and would structure their businesses in a way that meant they’d never end up paying taxes. Startups would bl…

> I do wish someone in government would explain what they were trying to incentivize with the change.

They were cutting taxes for the very richest people in the US and paying for it in ways like this.

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

#625
post #560

Earlier quoted context omitted.

1M eng salaries, 5m revenue, 4M other costs. Today I am cash flow neutral at 5m revenue, but with this I'm paying taxes on 800k "profits", which don't exist anywhere but on paper. But I have to pay the taxes in real dollars.

This is going to sound silly but you paid 800k in profits, but now have 4 years of banked costs you can use to _reduce_ your profit margin. So you pay taxes on 800k profits, but then each subsequent year you reduce you profit by 200k, even though you don't have 200k leaving the door. If 1M eng salaries was your stable state, then after several years you're... going to have 1M in costs to subtract from your profit! Th…

It becomes a cashflow issue for startups. While the stable state is the same (not really the same, because of how companies evolve etc), cashflow issues in early days means $$$ from the VC money that I could've used to grow the company, now goes towards taxes for 5 years. That could be make or break for small companies.

If you have a pile of cash that you have no apparent use for, or can live without, yes, it makes no difference.

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

#626

Earlier quoted context omitted.

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…

> maintenance activities after the taxpayer places the computer software into service This is the part that I think makes this whole jig of treating software development like a purely capitalizable expense so nuts. I previously worked at a public company that wanted software developers to treat as much work as possible as CapEx - it makes you look more profitable than you actually are, which is bad for taxes but good…

Your Honor, here printed on paper is what the Prosection calls "software". Actually as anyone can see on the paper, what is there is just ordinary typing A-Z and 0-9 with a lot of the typing in English. Businesses have been doing typing for many decades. E.g., this typing is much like instructions to a delivery truck driver to deliver goods to customers. And it's the same if a drone reads those instructions and makes the delivery. Prosecution has yet to show what of this paper is other than business typing ~100 years old.

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

#627
post #470
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.

> internet freedom isssues Freedom - an essential public good - is much different than using HN for lobbying for tax policy that favors YC. You know that doing this is a big change. Why not be straightforward about it - including whose idea it is, what the parameters are, what the new policy is, etc.? If you feel you can't or feel hesitant, then you know something is wrong. It changes the nature of HN in my mind, to…

It's quite in keeping with how pg used to run HN. Since I was around back then, it doesn't feel like a big change, or any change.

I recall that there were a few people who supported things like SOPA and software patents back in those years too, but the community consensus was about as strong on those issues as it is on this.

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

#628
Note that this letter's requests DO NOT include voting against the reconciliation bill, just modifying it to add a carve-out to fix Section 174. While I agree that Section 174 desperately needs reform and is harmful to the tech industry, the bill as a whole must be opposed, not tweaked.

There are many, many things wrong with the "Big Beautiful Bill", too many to fix through piecemeal efforts like this. It must be resolutely opposed, not endorsed with minor changes.

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

#629
post #42

Isn't this tied to the budget bill ("One Big Ugly Bill") that effectively removes the last way federal judge's can hold anyone in the Trump admin accountable?

Exactly, this letter refers to the "reconciliation bill" without mentioning the better known (and more notorious) monikers "Big Beautiful Bill" or "One Big Ugly Bill".

There are so many horrific things in it, the bill must be fully opposed, not endorsed with minor changes.

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

#630
Japan has required amortization of capitalized software over five years for qualifying internal-use software since at least 2000. Correct me if I’m wrong, but I believe most other countries have similar rules.

Until 2022, U.S. companies had a real competitive advantage.

Software developer salaries in Japan are depressed—other roles too, but especially engineers. Without digging too deep, perhaps the previously unfavorable (now roughly equal) tax treatment of was perhaps a contributing factor.

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