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That is not what I am hearing from tax people and some folks I know running software agencies. I posted this here because it seems to be coming in from the blin
by hosh 4y ago
That is not what I am hearing from tax people and some folks I know running software agencies. I posted this here because it seems to be coming in from the blindside for the HN crowd.
This is still up in the air, but the growing consensus among tax experts seems to be that, while payroll may be expensed, the percentage of that payroll used for R&E, including software development, would have to be amortized as capital.
Here is a different article. It calls out just how vague this is, since there is no specific definition of what “software development costs” are:
https://www.thetaxadviser.com/issues/2022/jul/legislative-changes-research-experimental-software-development-costs.html https://www.thetaxadviser.com/issues/2022/jul/legislative-ch...
From this article:
Taxpayers must resolve a number of technical issues that currently are not addressed in regulations or other IRS and Treasury guidance, including:
- The definition or scope of R&E activities;
- How software development costs are defined (e.g., whether they include installation of acquired software);
- Whether Sec. 174 is an activity-based test, ownership-based test, or both;
- Whether Sec. 174 requires the taxpayer to be at risk for the development;
- Whether a contractor performing R&E services for a client has Sec. 174 expenditures where the contractor is not at risk and has no ownership rights in the resulting intellectual property;
- The extent to which overhead costs are considered Sec. 174 expenditures; and
How domestic and foreign research activities are distinguished from one another for purposes of determining whether the costs are amortized over five or 15 years.
- verdverm 4y agoThe gist I have heard is that, some companies have been using this loophole by mis-classifying SWD salary as R&D. And that for most companies, this change is of negligible impact. I can see how a software agency misused this section of the tax code and is now facing the chorus , they work at the margins because reasons. They are not doing R&D, they are providing a service, and hence they should not get the credit. If taxes on $250k is going to break your company, you probably have bigger issues. This tax change will not "chill software development" to any noticeable amount. The looming recession has more people spooked, and as such, is the primary chilling effect right now. GPT would be the second (or maybe biggest?) uncertainty for software companies.