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March 2008 

Research and Development Costs
By Barbara A. Krout

          Research and Development ("R & D") expenditures are reasonable costs that are incurred in trade or business and are intended to provide information to help eliminate uncertainty about the development or improvement of your product. Determination of whether expenditures qualify as R & D depends on the nature of the activity that the expenditure relates.

          Neither the nature of the product being developed or improved, nor the technological advancement level matters when making this decision. R & D expenditures generally include all expenditures that are incident to the development or improvement of a product (which includes a formula, invention, patent, pilot model, process, technique or similar product). They also include the expenditures for costs such as attorney's fees incurred while making and finalizing a patent application. They do not include expenditures such as quality control testing, advertising or promotions, consumer surveys, efficiency surveys, management studies, research in connection with literary, historical, or similar projects or for the acquisition of someone else's patent, model, production, or process.

          There are three options to deducting R & D expenditures against income. The first option would be to take the full deduction in the year you incurred the R & D expenditures. You can select this option only in the year you incur such expenditures and if you fail to choose this option in the first taxable year, you cannot do so in the subsequent taxable years unless you obtain the consent of the Internal Revenue Service Commissioner. The second option is to write the R & D expenditures off over an optional 10-year period beginning with the tax year the expenditures were incurred. The third option is to amortize the R & D expenditures by charging them to a capital account; you can then amortize the R & D expenditures equally over 60 months or more. This is only allowable if you paid or incurred the R & D expenditures in your trade or business and you are not deducting the expenditures currently.

          There also is a credit allowed for additional research activities. This research credit is generally allowed for expenditures paid or incurred for qualified research. To be classified as a qualified research expense it must meet all four of the following criteria. The related expenses need to (1) qualify under Section 174, that is, the expense must be incurred in connection with the taxpayer's trade or business and it must represent a research and development cost in the experimental or laboratory sense, (2) the expenses are undertaken for the purpose of discovering information which is technological in nature, (3) the application of such expenses is intended to be useful in the development of a new or improved business component of the taxpayer, and (4) substantially all of the activities from the expenses constitute elements of a process of experimentation for a qualified purpose. The calculation of such credit can be very tedious and time consuming and should be done by a qualified tax professional.

          If you would like additional information regarding R & D costs, please call our office.    

   

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Certified Public Accountants

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