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FAQs About R&D Tax Credits

Gusto Editors  
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Are you equipped to advise your clients on how to claim R&D tax credits? 

Now is a crucial time to get your clients as many tax breaks as possible, but many factors affect your clients’ eligibility for R&D tax credits. 

Gusto, partnered with CPA Academy and Clarus R+D, delivered an exceptional webinar entitled “How People Advisors Can Create Value with R&D Tax Credits,” that covered the steps that your clients need to take to claim an R&D tax credit. You can watch the full webinar here.

We’ve featured two preceding articles in this webinar series — Part One covered how R&D tax credits create value for your clients, and Part Two covered how your clients can qualify for and claim R&D tax credits. This article, Part Three, addresses and answers frequently asked questions about R&D tax credits. 

During the webinar, Jaclyn Anku, Partner Education Manager at Gusto, Monika Diehl, Vice President of Operations at Clarus R&D, and Jeff Haskett, President of Clarus R&D answered essential questions that you need to know about R&D credits, including: 

  • What entities can claim R&D tax credits?
  • How far can you carry forward and carryback R&D tax credits?
  • How might a business working in food service claim an R&D tax credit? 
  • Can a business claim an R&D tax credit based on internal-use software? 

As an accountant, it’s important that you know the answers to these questions so that you can help your clients through the process of claiming an R&D tax credit.

“What is an R&D tax credit?”

A Research and Development tax credit is a federal tax credit that businesses can apply for that’s worth up to $250,000 per fiscal year. Although many view the credit as applying to companies in the fields of science and technology, many businesses are eligible for claiming an R&D tax credit: 

“While it’s commonly believed that only larger businesses or tech companies can apply for the credit, that actually isn’t the case. In fact, in 2018, Gusto helped over 1,000 clients claim 32 and a half million dollars in funds.”

Jaclyn Anku

If your client’s business uses research and testing to develop new products, they may qualify for an R&D tax credit. Here at Gusto, we’ve partnered with Clarus R+D to help your clients easily claim and use R&D tax credits to offset payroll and income taxes. When you sign up for Gusto Pro, you gain access to Clarus R+D as well as many invaluable resources for your clients, such as payroll, benefits, and HR.

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“What types of entities can claim an R&D tax credit?”

All entities can claim an R&D tax credit except for non-profit organizations. Corporations, individuals, and pass-through entities can all claim R&D tax credits. 

Monika Diehl explained how partnership and S-corps can claim R&D tax credits towards payroll and incomes taxes: 

“If we are looking at a payroll credit, the payroll credit would actually stay with the business entity and be used against the business entity’s payroll tax liability. As an income tax credit, it does actually flow to the owners of the business. So the partners or the shareholders in an S-corporation, the credit is claimed with the business income tax return, and then it comes through to the individual owners.”

Monika Diehl

If a business uses an R&D tax credit to offset its payroll taxes, the credit stays with the business itself, but if it’s used to offset income tax, the owners receive the credit. 

“How do the tax credit carryforward and carryback periods work?”

Carrying your clients’ tax credits forward and back is a great way to save them money. The rules for carryforwards and carrybacks have evolved over the years:

“What we’re looking at [is] income tax credit, and [it] has [become] a little bit confusing because the rules have changed a little bit recently. … But right now where we currently stand, we have the ability to offset tax liabilities for not only the current tax year but also going forward up to 20 years as well as the carryback period.”

Monika Diehl

When claiming an R&D tax credit for income taxes, your client has the flexibility of offsetting tax liabilities forward 20 years or back one year. 

“Can an entity switch between using their credit from a lookback income credit to payroll credit?”

Your clients can only use R&D tax credits for their income taxes on a lookback. This is because you can’t apply for a payroll credit on an amended return. 

Although they can’t claim a payroll credit on an amended return, your client can apply a payroll tax credit for the current year and then claim income tax credits on previous returns:

“If we had a client who was qualified currently, maybe for the current year for payroll tax credit, they could certainly take the payroll tax credit, and they could go back and use income tax credits on those amended returns. They have the option every year to have either an income tax credit or a payroll credit. If they do qualify for the payroll credit, they could take either option.”

Monika Diehl 

One important thing to note about the payroll credit is that it’s limited to the first five-year period that the company has gross receipts. Even if your client doesn’t have gross receipts for years, they’re still limited to five years of offsetting payroll taxes. 

“How could a business working in food service claim an R&D tax credit?”

R&D tax credits are available to many businesses outside of traditional technology and science. If a food service company were to apply for an R&D tax credit, they might want to approach their testing and development of new products and flavors as a physical science: 

“We are looking at the raw materials and ingredients that are going into developing these products and how they mix together and things like that. I think we can get into the physical sciences and chemistry of it in some respects.”

Monika Diehl 
Male middle aged chef working in front end of kitchen serving food

If your client is developing or improving flavors or products by going through iterations, using raw materials, and testing the new flavors or products, they are engaging in the R&D process:  

“All of that would be part of the development process until you say, ‘Yes, this is what we’re going to bottle up, and we’re going to sell,’ or, ‘this is the ice cream flavor we’re going to sell.’ I think that can be considered [as] an R&D process that would qualify.”

Monika Diehl 

Encourage your clients to apply for R&D credits! Even if they’re outside of a conventional industry for R&D, such as pharmaceutical or medical, they may still be eligible for a credit. When you use Gusto People Advisory services, we automatically alert you and your client if they may be eligible for an R&D tax credit. We then schedule an appointment with Clarus R+D to evaluate your client’s eligibility. 

“What are the regulations on controlled groups?”

When businesses that share common ownership are working on a qualifying project, the R&D tax credit amount will be calculated by the gross receipts of both businesses: 

“We need to look at those businesses together. And so when we are calculating the R&D credit, we’re going to need to combine any qualifying spend in activities of both of the businesses, any gross receipts of both of the businesses and the calculations.”

Monika Diehl 

One significant drawback of the two companies claiming the R&D credit is that one of the companies could prohibit the other from qualifying for a payroll credit: 

“We need to think about the first years of gross receipts when we’re trying to claim a payroll credit. One of those businesses could disqualify the other one. One’s been around for 10 years and has had qualifying spend and gross receipts for 10 years. And then we’ve got a startup company under the same ownership. That startup company could be disqualified from the payroll credit because of the history in the other business.”

Monika Diehl 

When companies are jointly applying for an R&D credit, they need to consider the limitations of their differing histories and how it could affect their credits. 

“Can internal-use software be used to claim an R&D tax credit?” 

Companies that develop internal-use software can apply for R&D tax credits under narrow circumstances:

“There was in the tax code or in the language around the R&D credit … that internal use software did not qualify unless it met this high threshold of innovation test. … The company is undertaking financial risk in this development work, that the software that they’re developing is truly unique, and it’s not otherwise available in the market.”

Monika Diehl 

Although the tax code’s limitations are still in place for internal-use software, the definition of “internal-use” was narrowed by The Protecting Americans from Tax Hikes (PATH) Act of 2015. 

“The reason that this has become easier is that with the PATH Act, the definition of internal-use software was actually narrowed. Now, the definition of internal-use software where it could be something that was exclusively used internally in your business and not sold to third parties, we’re now looking at something that is truly only used within your business [and] never touches an outside party.”

Monika Diehl 

More businesses can now apply for R&D tax credits because their software is no longer classified as internal-use. For more information on who qualifies for R&D tax credits, visit Gusto’s Federal R&D Tax Credit overview

Learn more about R&D tax credits and Gusto People Advisory

If you want to learn even more about R&D tax credits, watch the full webinar here. Also, make sure to check out Part One and Part Two of this webinar article series if you haven’t already.

Applying for and claiming R&D tax credits can seem like an overwhelming task for your clients, which is why it’s important that you have the skillset and resources to advise them through the process. Consider signing up for Gusto People Advisory services. With Gusto, you’ll earn your People Advisory Certification so that you can better advise your clients, and you’ll gain access to services that will help your clients claim R&D credits. If you want to learn more about Gusto People Advisory services, click here

Updated: March 24, 2022

Gusto Editors
Gusto Editors


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