STEVEN DIVIRGILIO CPA
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Research & Development Tax Credits
Federal and State Tax Credit Opportunities for Technology, AI, Software, and Manufacturing Companies


Innovation can be expensive. Whether your company is developing software, building artificial intelligence tools, improving a manufacturing process, designing a product, testing prototypes, or solving technical problems, you may be creating valuable tax credit opportunities without realizing it.

The federal Research & Development Tax Credit was designed to encourage businesses to invest in new or improved products, processes, software, formulas, techniques, and technology. Many business owners assume the credit only applies to laboratories, patents, or large corporations. In reality, many closely held businesses, startups, manufacturers, software developers, artificial intelligence companies, engineering firms, and product-development businesses may have activities worth reviewing.

As a solo CPA practitioner, I work directly with business owners and management teams throughout the United States to help evaluate potential R&D tax credit opportunities, organize relevant financial information, coordinate the tax reporting process, and properly reflect eligible credits on federal and state tax filings.


Why the R&D Tax Credit Matters
The R&D tax credit can provide a dollar-for-dollar reduction of federal income tax. For eligible startups and qualified small businesses, a portion of the credit may also be available to offset employer payroll taxes. This can be especially valuable when a company is investing heavily in development but is not yet generating taxable income.

The credit is not limited to brand-new inventions. Improvements to an existing product, process, software platform, production method, or AI-driven tool may also qualify when the work involves technical uncertainty and a process of experimentation.


R&D Tax Credits for AI Companies
Artificial intelligence is one of the fastest-growing areas of technology. Companies are investing heavily in machine learning models, generative AI, automation tools, data platforms, predictive analytics, cybersecurity tools, robotics, and intelligent business applications.

AI-related development may warrant an R&D credit review when the company is attempting to resolve technical uncertainty through experimentation. This may include developing or improving algorithms, training models, testing technical alternatives, improving accuracy, reducing latency, increasing scalability, integrating large data sets, or building proprietary AI-enabled software.

Simply using an off-the-shelf AI tool does not automatically create an R&D credit. However, developing, customizing, testing, or improving AI technology may be a meaningful area to review.


Companies That May Benefit
Your company may be a good candidate for an R&D credit review if it is involved in:
  • Software, SaaS, or technology platform development
  • Artificial intelligence, machine learning, automation, or data analytics
  • Manufacturing process improvements or product development
  • Engineering, design, prototyping, or technical testing
  • Quality control, performance improvements, or production efficiency
  • Biotech, life sciences, medical technology, or technical research
  • Startup development using employee wages, founder wages, contractors, cloud computing, or technical infrastructure 

What Types of Activities May Qualify?
To qualify, the activity generally must relate to a new or improved product, process, software platform, formula, technique, algorithm, model, or technical system.

The work must generally be technological in nature and involve an attempt to eliminate technical uncertainty. For example, the business may be uncertain about the appropriate design, method, performance, reliability, scalability, accuracy, or technical approach.

The company must also generally use a process of experimentation. This may include modeling, simulation, prototyping, trial and error, testing alternatives, debugging, design iterations, model training, or performance testing.

Failed experiments, abandoned prototypes, rejected designs, unsuccessful models, and technical alternatives may also be relevant.


Qualified Research Expenses
Qualified research expenses may include more than business owners expect. Depending on the facts, eligible costs may include:
  • Employee wages for personnel performing, supervising, or supporting qualified research
  • Founder or officer wages tied to qualified technical work
  • Supplies used in prototypes, testing, or development
  • Certain development, cloud, computing, or testing costs
  • Contract research paid to developers, engineers, consultants, laboratories, or technical firms
  • Prototype and testing costs connected to qualified experimentation

The key is not simply whether the company has an “R&D” account on its profit and loss statement. The key is whether the underlying activities meet the tax rules and whether the expenses can be reasonably supported.

Federal and State R&D Credit Opportunities
In addition to the federal R&D tax credit, many states offer their own research and development credits or related incentives. This can be important for companies operating nationally, hiring remote technical employees, or maintaining engineering teams in multiple states.

Major states where R&D credit planning may be relevant include California, Texas, Massachusetts, New York, New Jersey, Pennsylvania, Illinois, and other states where qualified research activities are performed.

California is especially important because of its large concentration of technology, software, AI, manufacturing, life sciences, and product-development companies. A company conducting qualified research activities in California may be eligible for a California research credit in addition to the federal R&D credit.

Startup Payroll Tax Offset and Section 174 Planning
For qualified small businesses, the R&D credit may be used to offset certain employer payroll taxes instead of only income taxes. This can be valuable for early-stage technology, AI, software, and manufacturing companies that are investing in development before becoming profitable.

R&D credit planning should also be considered together with the tax treatment of research and experimental expenditures under Section 174. Companies should review how software development, AI development, engineering, and product-development costs are being treated on the tax return.

Let’s Review Your R&D Credit Opportunity
If your company develops software, builds artificial intelligence tools, improves manufacturing processes, designs products, builds prototypes, or invests in technical problem solving, it may be worth reviewing whether you qualify for federal or state R&D tax credits.

Contact me to discuss your company’s research and development activities and determine whether an R&D tax credit review makes sense for your business.

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