Practice Brief: § 174A R&D Expensing for Software Startups
Bottom line (1 sentence): Your software-startup client may immediately deduct 2025 domestic R&D under new § 174A and has until July 6, 2026 (25 days from today) to elect retroactive treatment for 2023–2024 if gross receipts averaged ≤ $31M.
🔴 Action Required
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Verify gross-receipts eligibility for the retroactive election by calculating average annual gross receipts for 2020–2022 (2023 eligibility) and 2021–2023 (2024 eligibility) under the § 448(c) ≤ $31M test. — Rev. Proc. 2025-28
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File amended returns (Forms 1040-X or 1120-X) by July 6, 2026 for tax years 2023 and 2024 if the retroactive § 174A election is beneficial; attach a statement electing retroactive treatment and recalculate the deduction net of any § 280C(c)(2) research credit reduction. — Rev. Proc. 2025-28
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Model the retroactive election by comparing the tax benefit of immediate § 174A deductions (reduced by § 280C(c)(2) if § 41 credits were claimed) against continued amortization, accounting for the impact on QBI and the § 199A deduction. — Rev. Proc. 2025-28; IRC § 280C(c)(2); IRC § 199A
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Deduct all 2025 domestic R&D expenditures immediately on the 2025 return under § 174A; reduce the deduction by any § 41 research credit claimed under § 280C(c)(2). — IRC § 174A; IRC § 280C(c)(2)
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Capitalize foreign R&D expenditures on the 2025 return over 15 years under § 174(a)(2)(B); § 174A applies only to domestic R&D. — IRC § 174(a)(2)(B)
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Document domestic vs. foreign R&D allocation with contemporaneous records showing where research activities were performed to support the § 174A deduction. — Treas. Reg. § 1.174-2(a)(1)
🟡 Monitor
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The 2022 retroactive election deadline (April 15, 2026) has likely closed under the § 6511(a) refund-claim period unless the client filed an extension or paid tax within the two-year lookback. — IRC § 6511(a); Rev. Proc. 2025-28
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Immediate § 174A expensing reduces QBI (net income) in the year of deduction, which reduces the § 199A deduction subject to W-2 wage and UBIA limitations; the overall tax benefit is positive but smaller for high-income taxpayers. — IRC § 199A(c)(1); IRC § 199A(b)(2)(B)
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Unamortized § 174 amounts from pre-2022 tax years may be recovered via accelerated method-change procedures (Form 3115) on the 2025 return if the client does not elect retroactive treatment. — Rev. Proc. 2025-28 § 4.02
🟢 FYI (Specialty Practices)
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