Does Amending for R&D Credits Trigger an IRS Audit? What the Evidence Says

AI + the R&D Tax Credits: What Qualifies, What Doesn’t, and How to Claim It in 2026

U.S. companies spent over $100 billion on AI in 2025, yet most are not claiming the R&D tax credit for that investment. This guide breaks down exactly which AI activities qualify under IRC Section 41, from model training and custom integrations to generative AI and vibe coding. It covers how the IRS Four-Part Test applies to both AI-native companies and non-tech companies adopting AI, identifies qualified research expenses (wages, cloud compute, contractors), and explains how OBBBA's Section 174A restoration makes 2026 the strongest year to claim since 2021. Includes real-world scenarios, documentation requirements for the upcoming mandatory Form 6765 Section G, and common mistakes to avoid.

2026 Field Guide to R&D Tax Credits: What Changed and What To Do Next

OBBBA restored immediate expensing for domestic R&D under new Section 174A. Small businesses can retroactively apply this to 2022-2024, but must file by July 6, 2026 (or earlier if your statute of limitations closes first) per Rev. Proc. 2025-28. Form 6765 Section G is optional for all filers for tax year 2025, and becomes mandatory for tax year 2026 and beyond per IRS IR-2025-99. Use 2026 to build your project-level tracking systems. IRS documentation standards for refund claims have tightened, with a perfection window closing January 10, 2027 per the IRS FAQ.

Did You Skip R&D Tax Credits in 2022-2024? Now is the time to reverse that decision.

Many companies skipped R&D tax credits in 2022–2024 due to Section 174 amortization. Learn how the retroactive law change allows amended returns, potential refunds, and key deadlines before they expire.

R&D Tax Credits and OBBBA: Five Costly Mistakes to Avoid When Filing Retroactive Claims

The One Big Beautiful Bill Act (OBBBA), signed July 4, 2025, restores immediate R&D expensing under Section 174A, offering small businesses (≤$31M gross receipts) retroactive deductions for 2022-2024 via amended returns by July 6, 2026. This unlocks boosted Section 41 credits, NOL carrybacks, and refunds, but strict deadlines loom—e.g., November 15, 2025, for deemed 2024 elections. The guide exposes five pitfalls: skipping elections, siloed modeling, weak docs, wrong paths (amend vs. method change), and state conformity oversights, risking denials and 20% penalties. An example tech firm gains $1.5M+ in refunds by properly aggregating QREs and recalculating ASC credits. Best practices urge early eligibility tests, unified modeling, and pro consultations to maximize benefits before windows close.

R&D Tax Credits for Controlled Groups: Aggregation and Allocation Strategies

Many U.S. companies operate through multiple entities—holding companies, LLCs, subsidiaries, partnerships—which often triggers related‑entity rules under federal and state tax codes when it comes to claiming the R&D tax credit. Under IRC § 41(f) and Treasury Regulation § 1.41‑6, the Internal Revenue Service treats all entities in a qualifying “controlled group” as a single taxpayer. That means qualified research expenses (QREs) must be aggregated across group members and the resulting credit allocated among them on a compliant basis. Proper aggregation can unlock significant credit amounts—whereas failure to apply the rules correctly may result in disallowed credits, penalties, interest, and lost audit defenses. This article walks you through the four‑step process of aggregation and allocation: defining controlled‑group status (parent‑subsidiary, brother‑sister, combined), performing ownership and attribution tests, aggregating QREs, computing credit (Regular vs ASC methods), allocating among entities and filing the updated 2025 Form 6765 (with business‑component disclosure rules). Real time planning tips, common pitfalls and state‑credit considerations round out the guide so multi‑entity taxpayers can maximize opportunity while staying audit‑ready.

IRS Delays Implementation of Form 6765 Changes for R&D Tax Credit Filers

On October 1, 2025, the IRS announced it is delaying the implementation of key Form 6765 changes (IR-2025-99). The extension gives taxpayers until March 31, 2026, to adapt to new reporting requirements for the R&D tax credit. Section G, which introduces detailed Business Component Reporting, remains optional for 2025 and will become mandatory in 2026 for most filers. The IRS also extended the 45-day transition period for perfecting refund claims through January 10, 2027. Businesses are encouraged to strengthen documentation and cross-functional processes now to stay compliant when the new standards take effect.

Landmark Tax Court Ruling Puts R&D Credits at Risk

The U.S. Tax Court’s December 2024 decision in Phoenix Design Group, Inc. v. Commissioner (T.C. Memo 2024-113) is a landmark case for engineering and professional services firms. The court denied R&D tax credit claims and upheld a 20% accuracy-related penalty under IRC §6662, citing insufficient contemporaneous documentation, lack of objective technical uncertainty, and no systematic process of experimentation required under §41(d). This ruling highlights the critical need for audit-ready documentation, activity-level time tracking, and applying the shrinking-back rule to protect R&D credit eligibility.

GENIUS Act and Its Role in Blockchain R&D Tax Credits

The GENIUS Act, signed into law in July 2025, establishes the first federal framework for stablecoins, requiring 1:1 dollar or Treasury backing, transparency, and regulated issuers. For blockchain and Web3 companies, this reduces uncertainty and aligns with the repeal of Section 174 amortization, which restores immediate expensing of U.S.-based R&D costs. Together, these changes create powerful opportunities to claim R&D tax credits. Startups may offset up to $500,000 in payroll taxes annually, while larger firms can recover a portion of development spend. Eligible activities include smart contract development, scalability experiments, custody integrations, DeFi protocols, and enterprise pilots. With regulatory clarity and financial incentives combined, the U.S. is now one of the most favorable jurisdictions globally for blockchain R&D.

Maximize R&D Tax Savings with IRS Rev. Proc. 2025-28 and OBBBA

IRS Rev. Proc. 2025-28 implements the One Big Beautiful Bill Act (OBBBA), restoring immediate §174A R&D expensing, simplifying §280C elections, and opening a refund window for 2022–2024 tax years. Small businesses can file amended or superseding returns to recover cash, while larger companies gain streamlined compliance with automatic accounting method changes. This guidance marks a turning point after TCJA’s capitalization rules, offering clarity, cash flow relief, and planning opportunities for innovative taxpayers.

Impact of IRC §280C Elections for R&D Tax Credit Claimants After OBBBA

Understand the tax impact of making a §280C election when claiming the federal R&D tax credit. With the 2025 OBBBA reform and §174A expensing restored, businesses must carefully weigh the benefits of the reduced-credit election versus the gross credit with add-back. This guide breaks down compliance rules, real-world examples, and how to maximize federal and state tax benefits.

Debunking Section 174 Amortization Myths: Avoid R&D Tax Pitfalls

The One Big Beautiful Bill Act (OBBBA), signed into U.S. law on July 4, 2025, repeals Section 174 amortization for domestic R&D expenses, restoring immediate expensing starting in 2025. This change boosts cash flow, strengthens the value of Section 41 R&D tax credits, and supports U.S. businesses investing in innovation. But myths are spreading—about retroactive refunds, foreign R&D, software development, audits, and double-dipping under Section 280C. In this blog, Strike Tax Advisory debunks the top misconceptions, explains who qualifies for retroactive expensing (including the $31M small business threshold), and shows how startups and established companies can maximize credits, deductions, and hiring potential under OBBBA. If you’re searching for clear answers on “OBBBA Section 174 repeal,” “R&D tax credit myths 2025,” or “how to claim retroactive R&D deductions,” this guide breaks it down step by step.