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California R&D Tax Credits

State and Federal Credits Available
15%

of qualified expenses that exceed a base amount

24%

of the basic research payments

33%

of the additional credits applied to the 1.5% S-Corp entity tax

Carryforward

credits carry forward indefinitely

The California Research & Development (R&D) Tax Credit incentivizes businesses to invest in qualified research activities within the state, offsetting income or franchise tax liabilities via the Franchise Tax Board. Subject to a $5 million annual cap on combined business incentive tax credits for tax years 2024 through 2026.

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15%

of qualified expenses that exceed a base amount

24%

of the basic research payments

33%

of the additional credits applied to the 1.5% S-Corp entity tax

Carryforward

credits carry forward indefinitely

Key Highlights

  • 15% credit on incremental qualified research expenses (QREs)
  • 24% credit for qualified basic research payments
  • 33% of credit can be applied to the 1.5% S-Corp entity tax (3.5% for financial S-Corps)
  • Credits are nonrefundable but carry forward indefinitely
  • Refund election available under 2025 provisions (Form FTB 3870)
  • Applies only to research performed within California
  • Available to C corps, S corps, partnerships, and LLCs
  • Cannot reduce the $800 minimum franchise tax, California AMT, or built-in gains tax

Who Qualifies

Credits are available to businesses performing qualified research activities in California. Eligibility depends on entity type and the nature of your activities and expenses.

Eligible Entities
  • C Corporation May claim both the regular and basic research credit
  • S Corporation Limited entity-level use; can pass credits to shareholders
  • Partnerships / LLCs Credits pass through to owners via Schedule K-1
Qualified Research Expenses (QREs)
Category
Examples
Wages
Employees directly performing, supervising, or supporting qualified research
Supplies
Items consumed in research (materials, prototypes)
Contract Research
65% of payments to third parties; 75% to research consortia
Computer Rentals
Computers used directly in qualified research

How to Calculate the California R&D Tax Credit

Regular Method
  • Determine total California QREs for the year.
  • Compute base amount = fixed-base % × average CA gross receipts for prior 4 years.
  • Base cannot be less than 50% of current-year QREs.
  • Credit = 15% of QREs above the base.
  • Corporations may also claim the 24% basic research credit.
Example Calculation
QREs = $1,000,000
Base = $600,000
→ Credit = 15% × ($1,000,000 – $600,000)
= $60,000
Add basic research: 24% × $10,000 = $2,400
Total Credit = $62,400
Alternative Incremental Credit (AIC)

The AIC method is useful for businesses whose qualified research expenses fluctuate year to year. It allows the credit to be calculated in tiers based on QREs as a percentage of gross receipts.

1.0% < QREs ≤ 1.5%

1.49% of the portion of QREs between 1.0% and 1.5% of gross receipts

1.49%

1.5% < QREs ≤ 2.0%

1.98% of the portion of QREs between 1.5% and 2.0% of gross receipts

1.49%

QREs > 2.0%

2.48% of the portion above 2.0% of gross receipts

1.49%

Important: Once elected, the AIC method must continue in future years unless revoked with FTB consent.

Gross Receipts for Base Calculation
  • Include only sales of tangible or intangible property delivered to California customers
  • Exclude throwback sales, services, rents, leases, interest, royalties, and licenses
  • If no California gross receipts exist, use 50% of current-year QREs as the base

California-Specific Rules

California applies unique R&D credit provisions for startups and S corporations that differ from both federal and other state rules.

Startup Fixed-Base Percentage

Startups in California use a 3% fixed-base percentage for their first five credit years, gradually phasing up through year ten.

The first year with California gross receipts begins this timeline.

Key Details:
  • Capped at 10% (unlike federal 16%)
  • Based only on California gross receipts
  • Federal data should not be used to compute the state credit
Startup Fixed-Base Percentage

Startups in California use a 3% fixed-base percentage for their first five credit years, gradually phasing up through year ten.

The first year with California gross receipts begins this timeline.

Key Details:
  • Capped at 10% (unlike federal 16%)
  • Based only on California gross receipts
  • Federal data should not be used to compute the state credit
S Corporation Credit Rules

California S corporations have special limitations on how they can apply and pass through R&D credits.

  • May use one-third of the credit against the 1.5% entity-level franchise tax (3.5% for financial S corporations)
  • May pass 100% of the credit to shareholders via Schedule K-1
  • Refund election not available at the entity level (Form FTB 3870 cannot be used by S corps)
  • Credits cannot offset built-in gains tax
2025 Cap & Refund Election
Annual Credit Usage Cap (2024–2026)
  • $5 million maximum per year for all business credits combined
  • Cap applies at the combined group level
Refund Election (Form FTB 3870)

If unused credits exceed the cap, businesses may recover them through a refund election.

  • 20% Annual Offset: Receive 20% of the disallowed credit each year
  • Timing: Payments start in the third taxable year after election
  • Duration: Continue for five consecutive years
  • Filing: Must be filed with the original, timely filed return
  • Irrevocable: Once made, the election cannot be changed

California R&D Tax Credit Case Study

Real results from a California technology company

$231,000
total state R&D tax credits earned
50%
of wages qualified for credits
$588,000
total R&D tax credits earned (federal + state combined)
Frequent Asked Questions

What is the California R&D tax credit?

mness-logo
line-logo

The California R&D tax credit is a state incentive that allows businesses to offset their California income or franchise tax based on qualified research expenses (QREs) incurred in California. It rewards companies for investing in innovation and technological advancement.

What activities qualify for the credit?

mness-logo
line-logo

Activities must meet the IRS four-part test: they must eliminate uncertainty, follow a process of experimentation, be technological in nature, and aim to develop or improve a product or process. Research must be performed physically within California.

How much can my business save?

mness-logo
line-logo

The regular credit is 15% of QREs above your base amount. Corporations can also claim 24% of basic research payments. Credits are nonrefundable but carry forward indefinitely, and refund elections may be available under certain conditions.

Are the credits refundable?

mness-logo
line-logo

The credits are nonrefundable, meaning they cannot directly generate a tax refund. However, unused credits carry forward indefinitely, and businesses may elect a partial refund option via Form FTB 3870 for credits disallowed due to the annual cap.

How do I apply?

mness-logo
line-logo

You claim the credit by completing Form FTB 3523 (California Research Credit) and filing it with your California tax return. Detailed documentation of qualified research activities and expenses must be maintained for at least four years (preferably seven).

Can I claim both state and federal credits?

mness-logo
line-logo

Yes, you can claim both California and federal R&D tax credits for the same qualified research expenses. However, California has unique rules for base calculations and credit percentages that differ from federal provisions.

How does the fixed-base percentage work for startups?

mness-logo
line-logo

New businesses start at 3% for their first five credit years and phase into their permanent percentage by year ten. The first year with California gross receipts begins this period. California's fixed-base percentage is capped at 10% (unlike the federal 16%).

Can credits offset the $800 minimum franchise tax or AMT?

mness-logo
line-logo

No. Credits cannot reduce the $800 minimum franchise tax, California Alternative Minimum Tax (AMT), or built-in gains tax. They can only offset regular income or franchise tax above these minimums.

When do refund election payments begin?

mness-logo
line-logo

Refund election credits apply over five years, starting in the third taxable year after the election, at 20% per year. The election must be made on Form FTB 3870 filed with the original, timely filed return.

Are out-of-state R&D expenses eligible?

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No. Only research conducted physically within California qualifies for the California R&D tax credit. Out-of-state research expenses do not qualify, even if they benefit California operations.

Next Steps

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California
R&D Tax Credits

Connect with us to find out how R&D tax credits can boost your organization’s bottom line.

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This post was last updated on Dec 05, 2025.

California R&D Tax Credit

Discover the benefits of California state credits and see how your business could qualify.

15
%
of qualified expenses that exceed a base amount
24
%
of the basic research payments
33
%
of the additional credits applied to the 1.5% S-Corp entity tax
N/A
carry forward for credit usage

California R&D Tax Credit Eligibility Summary:

Is the R&D Tax Credit Available?:
Yes
No
Eligible Entities:
C-Corporations, S-Corporations, LLCs, Partnerships
Deadline for Tax Filing:
Due with California Tax Return
Data Required to Compute Credit:
Claim Period Qualified R&D Expenses (QREs)
What Information is needed?:
Gross Receipts for Prior 4 Years

California R&D Tax Credit Guidelines:

  • Taxpayers may elect the alternative incremental credit in which taxpayers are assigned a smaller three-tiered fixed-base percentage and a reduced three-tiered credit rate (1.49%, 1.98%, and 2.48%).
  • California offers an additional 1/3 of the credits to be applied to the 1.5% S-Corp entity tax.
  • Several states impose a dollar limit on the amount of expenses that can qualify for the research tax credit. Some states limit the amount of their research tax credits that taxpayers can claim in any one tax year. The California research tax credit does not have a dollar limitation.
  • California conforms to the federal IRC on a fixed-date basis, conforming to the code in effect on 1/1/2015; therefore, it does not conform with TCJA, which was enacted on 12/22/2017.

California R&D Tax Credit Case Study

A California-based company recovered thousands in R&D tax credits to refuel growth.

$

231,000

Total state R&D tax credits earned

50

%

Amount of wages qualified for tax credits

$

588,000

Total R&D tax credit earned

Key California R&D Tax Credits R&D Tax Rules Changes

2019' - 22
22' and after
2019' - 22
22' and after

Resources

There are many other considerations and exemptions, including what documentation the IRS requires for the R&D tax credits. Stay updated to navigate the new tax laws with confidence.

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Connect with us to find out how R&D Tax Credits can boost your organization’s performance.

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Frequent Asked Questions

What is the California R&D tax credit?

mness-logo
line-logo

The California R&D tax credit is a state incentive that allows businesses to offset their California income or franchise tax based on qualified research expenses (QREs) incurred in California. It rewards companies for investing in innovation and technological advancement.

What activities qualify for the credit?

mness-logo
line-logo

Activities must meet the IRS four-part test: they must eliminate uncertainty, follow a process of experimentation, be technological in nature, and aim to develop or improve a product or process. Research must be performed physically within California.

How much can my business save?

mness-logo
line-logo

The regular credit is 15% of QREs above your base amount. Corporations can also claim 24% of basic research payments. Credits are nonrefundable but carry forward indefinitely, and refund elections may be available under certain conditions.

Are the credits refundable?

mness-logo
line-logo

The credits are nonrefundable, meaning they cannot directly generate a tax refund. However, unused credits carry forward indefinitely, and businesses may elect a partial refund option via Form FTB 3870 for credits disallowed due to the annual cap.

How do I apply?

mness-logo
line-logo

You claim the credit by completing Form FTB 3523 (California Research Credit) and filing it with your California tax return. Detailed documentation of qualified research activities and expenses must be maintained for at least four years (preferably seven).

Can I claim both state and federal credits?

mness-logo
line-logo

Yes, you can claim both California and federal R&D tax credits for the same qualified research expenses. However, California has unique rules for base calculations and credit percentages that differ from federal provisions.

How does the fixed-base percentage work for startups?

mness-logo
line-logo

New businesses start at 3% for their first five credit years and phase into their permanent percentage by year ten. The first year with California gross receipts begins this period. California's fixed-base percentage is capped at 10% (unlike the federal 16%).

Can credits offset the $800 minimum franchise tax or AMT?

mness-logo
line-logo

No. Credits cannot reduce the $800 minimum franchise tax, California Alternative Minimum Tax (AMT), or built-in gains tax. They can only offset regular income or franchise tax above these minimums.

When do refund election payments begin?

mness-logo
line-logo

Refund election credits apply over five years, starting in the third taxable year after the election, at 20% per year. The election must be made on Form FTB 3870 filed with the original, timely filed return.

Are out-of-state R&D expenses eligible?

mness-logo
line-logo

No. Only research conducted physically within California qualifies for the California R&D tax credit. Out-of-state research expenses do not qualify, even if they benefit California operations.