Technology R&D Tax Credits: Tax Changes, Documentation and Compliance Strategies

In this episode of the Technology R&D Tax Credit Podcast, Dan Wheadon, Technology & Life Sciences Leader, and Vivian Kohrs, Tax Credits & Incentives Advisory Practice Partner, discuss recent legislative developments impacting research and development tax incentives.

Together, they discuss how evolving tax rules, documentation expectations and reporting requirements are shaping the future of research and development (R&D) tax credit compliance for technology companies.

Listen to learn more about:

• Understanding the impact of recent Section 174 legislative changes on technology companies.
• Evaluating state tax conformity considerations and related planning opportunities.
• Strengthening documentation practices to support R&D tax credit claims.
• Preparing for enhanced IRS reporting requirements, including changes to Form 6765.
• Developing proactive strategies to improve compliance and maximize future R&D tax credit benefits.

Questions? Contact Us: https://www.cbh.com/contact/connect-me-with-a-professional/

Technology R&D Tax Credits: What Qualifies and How Technology Companies Can Benefit

Technology companies may be able to benefit from R&D tax credits for qualifying research, software development, and innovation activities. In this episode, Dan Wheadon and Vivian Kohrs discuss the fundamentals of the R&D tax credit and key considerations for technology companies evaluating potential opportunities.

Viewers will learn about:

• How R&D tax credits apply to technology companies
• Software development and technology activities that may qualify
• Eligible costs, including wages, contractors, and cloud computing expenses
• Payroll tax credit opportunities for qualifying startups
• Documentation, ownership, and funded research considerations

Questions? Contact Us: https://www.cbh.com/contact/connect-me-with-a-professional/

Learn more about Cherry Bekaert's R&D Tax Credit Services - https://www.cbh.com/services/tax/tax-credits-incentives-advisory/research-development-tax-credits/

In this episode of Cherry Bekaert's Technology podcast, International Tax Leader Brian Dill and Technology Industry Leader Michael Valerio discuss the potential impacts of the new U.S. administration's policies on tech companies with global operations.

Listen to learn more about:

• How tariffs will affect the technology industry and why leaders should pay careful attention to Pillar One of the OECD’s two-pillar tax model.
• The potential U.S. response to digital services taxes.
• International political dynamics and the broader implications for the U.S.
• Anticipated M&A activity in the tech sector due to deregulation.

Related Insights:

• Article: Exploring 'America First': The Impact of Tariffs and OECD Pillars
• Podcast: Balancing Intellectual Property and Research Investments Across Borders
• Webinar Recording: 2024 Election Outcomes and Tax Policy: Strategic Insights

Section 174 mandates the capitalization of specified research or experimental expenditures (SRE), which includes a broad range of costs related to development. Listen as Tax Credits & Incentives Advisory Leader Martin Karamon, Director Vivian Kohrs and Senior Manager Bryan Weems discuss why it’s vital to evaluate intercompany intellectual property (IP) agreements and contracts for research and development (R&D) performed on behalf of others overseas.

Tune in to learn more about:

• How to prevent double capitalization
• The potential impact of Section 174 when structuring an intercompany IP agreement
• The rights or risk stipulation related to R&D activity

Listen to other episodes in our Global Tech Tax Matters podcast series created for technology companies either conducting business in multiple countries or considering international expansion:

• How to Protect Your Intellectual Property Abroad and Minimize Tax Liabilities
• From Outbound to Inbound: A Tech Company’s Guide to Expanding Globally (Part One – Outbound Transactions)
• From Outbound to Inbound: A Tech Company’s Guide to Expanding Globally (Part Two – Inbound Transactions)

Related Guidance

• Section 174 New Requirements and Its Impact on Technology Companies
• How To Plan for Global Tax Minimization
• Section 174 Research & Software Development Costs – A Guide to Compliance
• Global Intellectual Property Tax Planning

Continuing the conversation on international tax planning strategies for both outbound and inbound companies, International Tax Services Managing Director Rajesh Tripathi and Tax Partner Chris Delcambre discuss the various considerations foreign parent companies need to make when establishing operations in the U.S.

Inbound companies have both employee and entity type complexities associated with them and must be aware of several factors that could pose a risk if not properly addressed. Listen to learn more and avoid potential pitfalls. This episode covers:

- Permanent establishment risk

- Federal treaty rules and individual state tax regulations

- Employee (particularly C-Suite) travel scenarios

- Exit strategies

- Penalties for improper or non-existent transfer pricing

If you haven’t already, listen to part one of this conversation, which focuses on outbound companies and transactions: From Outbound to Inbound: A Tech Company’s Guide to Expanding Globally (Part One)

Related Guidance

• Going Global: Tax Issues to Consider When Just Starting Your Global Expansion
• How to Protect Your Intellectual Property Abroad and Minimize Tax Liabilities

Many technology companies reap the benefits of hiring consultants or long-term employees outside the U.S., such as experiencing greater efficiency and expanding their global reach. However, if company leadership isn’t careful in planning, structuring and reporting, serious tax issues could arise. In our latest podcast for technology companies, we cover key missteps to avoid when it comes to hiring, contracting or using third parties abroad.

Listen to learn more about:

• What may trigger a permanent establishment risk
• Specific considerations for hiring consultants or employees in foreign countries
• The importance of treaties established between the U.S. and other countries

Related Guidance

• Going Global: Tax Issues to Consider When Just Starting Your Global Expansion
• How to Protect Your Intellectual Property Abroad and Minimize Tax Liabilities
• Global Intellectual Property Tax Planning Services

Is your technology company’s biggest asset – its intellectual property (IP) – automatically protected in other countries just because it is protected in the U.S.? It’s not! In this podcast episode, members of our International Tax Practice uncover this and other missteps that many companies make in the tax planning process when trying to expand globally.

Tune in as they share insights on key considerations for timing, structuring and planning properly so you’re not paying taxes in multiple jurisdictions.

Listen to learn more about:

• Considerations to make to protect intellectual property
• The implications of developing IP in foreign countries by hiring independent consultants
• What happens when foreign entities are inherited
• The implications and risks associated with a multinational leveraging IP to customers for their use

Relatively new rules around research and experimentation costs have had a notable impact on early and growth stage technology companies, sending many into a newly taxable income position. Join two of Cherry Bekaert’s Technology Tax Partners to learn more about what companies in this position should do to mitigate the impact of those rule changes as well as plan strategically for 2024.

They discuss:

• Two ways to approach Section 174 Research & Experimentation computations
• What the decrease in bonus depreciation means for technology companies
• Areas often overlooked in tax planning such as state & local tax, state and federal credits & incentives, and international tax

Related Guidance

• State Income Tax Challenges in a Technology World
• Section 174 New Requirements and Its Impact on Technology Companies
• Qualified Small Business Stock for Tech Companies: Unlock Tax Benefits
• Section 174 Research & Software Development Costs – A Guide to Compliance