Skipped R&D Tax Credits in 2022-2024? Recover your refunds now.
The One Big Beautiful Bill Act retroactively removed Section 174 amortization. Amend your returns. Get cash refunds from the IRS.
18
days left
2022 Deadline Approaching
Until earliest S-Corp/Partnership amendment deadline
S-Corps: Mar 15, 2026
C-Corps: Apr 15, 2026
6
-
8
%
Federal Credit Rate
5
-
30
%
State Credit Range
$
50
K
-
500
K
+
Typical Recovery
20
Years
Credit Carry-Forward
The Problem
Why thousands of companies stopped claiming R&D credits
In 2022, the Tax Cuts and Jobs Act forced a major change: businesses were required to capitalize and amortize domestic R&D expenses over five years under Section 174, instead of deducting them immediately.
Companies that wanted to claim the R&D tax credit under Section 41 were effectively telling the IRS they were doing R&D, but many chose not to comply with the new amortization rules because it meant losing substantial upfront deductions and increasing taxable income. Most companies either stopped claiming R&D credits entirely or significantly reduced their claims for 2022, 2023, and 2024.
"If your company was one of them, you likely overpaid your taxes by tens or hundreds of thousands of dollars. The good news: Congress fixed this, and the fix is retroactive."
The Fix
What the OBBBA changed
for R&D tax credits
Amortization removed retroactively
For companies with average annual gross receipts of $31 million or less, the Section 174 amortization requirement has been retroactively removed for 2022-2024. Your domestic R&D expenses are now treated as fully deductible in the year incurred.
You are now compliant
Many companies chose not to amortize and hoped the law would change. Under the OBBBA, those companies are retroactively compliant for 2022-2024. No penalties. No corrections needed.
Amend and claim credits you skipped
Every business can amend returns within the standard three-year window. The amortization barrier that prevented many from claiming has been eliminated. You can now take the credits without amortization complications.
Cash refunds from the IRS
When you amend and claim R&D credits you did not previously take, the IRS issues a refund for taxes you overpaid. This is not a future offset. This is the government sending you a check.
Eligibility
Every business can amend.
The $31M threshold explained.
The threshold determines who gets the retroactive expensing election, not who can amend and claim credits.
Small Businesses ($31M or Less)
- Retroactive Section 174A expensing for 2022-2024
- Amend returns to claim R&D credits
- Cash refunds on amended returns
- OBBBA election deadline: earlier of July 6, 2026 or 3-year deadline
Large Businesses (Over $31M)
- Cannot retroactively elect expensing for 2022-2024
- Accelerate unamortized costs into 2025/2026 (Rev. Proc. 2025-28)
- Amend returns to claim R&D credits
- Cash refunds on amended returns
Recovery Potential
Real cash refunds.
Not future offsets.
6
-
8
%
Federal credit rate
of qualified research expenditures
5
-
30
%
State credit range
approximately 40 states offer credits
$
50
K
-
500
K
+
Typical recovery
from 2022-2024 amendments
20
years
Credit carry-forward
for unused federal credits
Startup Payroll Offset
Qualified small businesses can use up to $500,000 per year in R&D credits to offset payroll taxes, even without income tax liability.
Section 280C Election
When claiming credits, your CPA can determine whether a reduced credit or reduced deduction puts more money in your pocket for each tax year.
Urgency
Deadlines are closing.
2022 is at risk.
You generally have three years from the original filing date to amend and claim a refund. A typical R&D study takes 4 to 8 weeks. If you have not started for 2022, act now.
Self-Assessment
Do you qualify?
A 60-second check.
Your company performed product development, engineering, process improvements, software development, prototyping, or technical problem-solving during 2022, 2023, or 2024.
You did not claim R&D tax credits for any of those years, or you reduced your claims because of Section 174 amortization concerns.
Your company was profitable and paid federal income taxes during those years.
Your company has employees in the United States who perform these activities.
What counts as qualifying R&D? The IRS definition of qualifying research is much broader than "inventing something new." If your team faces technical uncertainty and experiments to resolve it, that often qualifies. This includes manufacturing, software, engineering, food and beverage, aerospace, construction, and dozens of other industries. The test is not whether you succeeded. It is whether you faced technical uncertainty and worked to resolve it.
Why Strike
We do R&D tax credits.
That is all we do.
R&D tax credits exclusively
No tax prep, no compliance, no general advisory. Just R&D credits. This is all we do.
We find more credits
Our thorough approach identifies qualifying activities others miss. We offer no-obligation second opinions and routinely find more while charging less.
Contingency-based fees
You pay a percentage of the credits we identify. Nothing upfront. Nothing if we do not find credits.
Strike Shield audit protection
Every engagement includes unlimited audit defense at no additional charge. IRS or state, we handle it.
We work alongside your CPA
We handle the technical study. Your CPA files the amended returns. No disruption to existing relationships.
No obligation
Free 15-Minute Assessment
We can usually tell you within 15 to 30 minutes whether you have a meaningful opportunity and give you a rough estimate of the potential recovery.
Quick estimate
Estimate Your OBBBA Refunds
Use our quick calculator to get an instant estimate of the R&D tax credits you may be able to recover for 2022-2024 tax years.
Process
How the process works
Free Assessment
15-30 minutes
We review your business activities and determine if you have a recovery opportunity. No cost, no obligation.
R&D Tax Credit Study
4-8 weeks
Our specialists identify all qualifying R&D activities and expenses, calculate your credits using IRS Form 6765, and prepare documentation to maximize your claim.
Your CPA Files Amendments
Upon delivery
We deliver the completed study to your CPA, who files amended returns for each qualifying year with the required OBBBA election statement per Rev. Proc. 2025-28.
IRS Sends Your Refund
6-8 months
Amended returns with refund claims are typically processed within 6 to 8 months. You receive a check from the IRS.
Questions
Frequently asked questions
Every business can amend returns within the standard three-year window to claim R&D tax credits they did not previously take. The $31 million threshold relates specifically to who can elect retroactive Section 174 immediate expensing for 2022-2024. The ability to amend and claim credits applies to all businesses, regardless of size.
The OBBBA created new Section 174A, which permanently restores immediate expensing for domestic R&D costs starting in 2025. For small businesses (average annual gross receipts of $31 million or less), it retroactively removes the amortization requirement for 2022-2024. For larger businesses, it allows accelerated deduction of remaining unamortized domestic R&D costs in 2025 or across 2025-2026.
If you are a small business under the $31 million threshold, the OBBBA retroactively validates your position. You are now considered compliant for 2022-2024. No penalties. No corrections needed. However, you should review your filings with a specialist to ensure everything is properly documented and that you are fully leveraging the credit opportunity.
The general rule is three years from the date you filed your original return. For partnerships and S-Corps that filed by March 15, 2023, the deadline is March 15, 2026. For C-Corps that filed by April 15, 2023, the deadline is April 15, 2026. The OBBBA retroactive election must be made by July 6, 2026, at the latest.
The federal R&D tax credit is typically 6% to 8% of qualifying expenditures. If you skipped credits for three years, the total recovery depends on your qualifying spend. We regularly see recoveries ranging from $50,000 to $500,000 or more. State credits are additional. Our free assessment will give you a rough estimate within 15 to 30 minutes.
Only 1% to 3% of R&D tax credit claims are reviewed by a tax authority, and a review is not a full tax return audit. With the OBBBA, the IRS expects a large volume of Section 174 related amendments from small businesses. Filing for the same reason as thousands of other companies is not a red flag. Every Strike engagement includes unlimited audit defense at no additional charge.
Not all R&D studies are created equal. We routinely find significantly more qualifying activities and expenses than other providers, resulting in larger credits. Our no-obligation second opinion will show you whether there is additional value to capture, and we charge less than most competitors.
Per IRS Rev. Proc. 2025-28, small businesses (average gross receipts of $31 million or less) make the election by attaching an election statement to an amended return or Administrative Adjustment Request (AAR) for each applicable tax year. The election must be filed by the earlier of July 6, 2026, or the standard three-year claim deadline. Strike prepares all required documentation as part of our engagement.
When you claim R&D tax credits, you generally must choose between reducing your R&D expense deduction by the credit amount or electing a reduced credit under Section 280C(c). The right choice depends on your specific tax situation and can meaningfully affect your net benefit. We analyze both options and recommend the approach that puts the most money in your pocket.
Do not leave money on the table.
The OBBBA created a once-in-a-generation opportunity to recover R&D tax credits you missed in 2022-2024. Deadlines are closing. With Strike, you pay nothing unless we find credits.