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New York R&D Tax Credits

State and Federal Credits Available
15% Rate
on NY QREs (10+ employees)
20% Rate
on NY QREs (10 employees)
$500K Annual Cap
per company ($1.5M lifetime)
Fully Refundable
immediate cash if exceeds liability
$10M Statewide
rolling annual allocation

The Life Sciences Research and Development Tax Credit Program, administered by Empire State Development (ESD), incentivizes new life sciences businesses to locate, invent, commercialize, and produce in New York State by providing fully refundable credits for qualified research expenditures (QREs) conducted within the state. Enacted to bolster innovation in biotechnology, pharmaceuticals, and related fields, although inspired by federal R&D concepts, New York’s Life Sciences R&D credit uses its own definitions and excludes categories such as contract research.

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15% Rate
on NY QREs (10+ employees)
20% Rate
on NY QREs (10 employees)
$500K Annual Cap
per company ($1.5M lifetime)
Fully Refundable
immediate cash if exceeds liability
$10M Statewide
rolling annual allocation

Key Highlights

  • Direct percentage credit on NY-sourced QREs (no base amount required)
  • Available for up to 3 consecutive tax years once the business is certified by ESD
  • Excludes contract research expenses from QRE calculation
  • Targets new business entities devoting majority efforts to life sciences R&D
  • Fully refundable with no carryforward needed due to annual claiming

Who Qualifies for the New York Life Sciences R&D Tax Credit

Eligibility centers on new life sciences businesses performing qualified research in New York, with credits tied to employee count and QREs. Businesses must obtain ESD certification and meet federal-style innovation criteria under IRC §41, adapted for state activities.

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)

QREs must be incurred in New York State on or after January 1, 2018, and align with federal definitions excluding contract research payments.

Category
Examples
Wages
Salaries for employees performing, supervising, or supporting qualified life sciences research
Supplies
Materials and prototypes consumed in R&D (e.g., lab reagents, testing kits)
Computer Rentals
Costs for leased computing equipment used directly in qualified research

How to Calculate the New York Life Sciences R&D Tax Credit

New York's program uses a straightforward fixed-rate method on total NY QREs—no incremental base or alternative simplified credit (ASC) is required. The credit is calculated annually and claimed for up to three consecutive years upon ESD approval.

Fixed-Rate Method
  • Determine total NY QREs for the tax year (wages + supplies; exclude contracts).
  • Apply the rate: 15% for 10+ employees or 20% for fewer than 10.
  • Cap at $500,000 per year (lifetime $1.5 million).
  • Claim on your NY tax return after ESD certification.
Base Calculation for New York R&D Tax Credit
  • There is no base amount for the Life Sciences R&D credit; the full amount of qualified NY expenditures applies to the rate calculation.
  • Identify total QREs conducted in New York for the current tax year.
  • Compute credit directly on total QREs (if no prior certification, full QREs qualify).
  • Ensure NY-specific only; exclude non-NY expenses or receipts.
Example Calculation
Prior Year QREs not applicable; Current QREs = $3M → Credit = 20% x $3M =$600K (capped at $500K).
If no QREs history: → Full current QREs qualify for the rate (no base deduction).
A new biotech startup with 8 employees incurs $3 million in NY QREs (primarily wages and supplies).
Rate: 20% (fewer than 10 employees)
Credit: 20% × $3,000,000 =$600,000
Capped at: $500,000 (annual limit) Add federal R&D credit: ~14% × $3M =$420,000 (stackable for total $920,000 savings)
If QREs = $2 million: 20% × $2M =$400,000 (under cap).
Important Notes on QRE Apportionment
  • Use NY payroll fraction for wages; location of use for supplies.
  • No out-of-state QREs qualify.
  • Startups benefit from the higher 20% rate because New York’s credit does not require any federal-style base amount.

New York-Specific Rules

New York's Life Sciences R&D credit features tailored provisions for emerging biotech and pharma firms, emphasizing immediate refunds and sector focus to drive innovation.

Tiered Rates by Employee Count

20% for small teams (less than 10 employees) accelerates cash flow for startups; 15% for larger firms supports scaling. High utilization in NYC's biotech corridor, with over $50M allocated since 2018.

Fully Refundable with No Carryforward

Unused credits refunded immediately, ideal for pre-revenue companies - no waiting for profitability.

3-Year Limited Window

Businesses may claim the credit for up to three consecutive years once certified; encourages early NY investment in life sciences.

Other Unique Rules
  • New Business RequirementMust be a newly formed entity; expansions of existing firms ineligible.
  • Life Sciences FocusMajority of activities in fields like biopharmaceuticals, genomics, medical devices, or stem cell research - ESD verifies via application.
  • Statewide Cap Competition$10M rolling annual pool awarded first-come, first-served; apply early via ESD portal.
  • No Contract ResearchUnlike federal, third-party payments excluded to prioritize in-house innovation.
  • Audit RetentionMaintain records for at least 3 years after filing, per NYS Tax Department rules.
Tiered Rates by Employee Count

20% for small teams (less than 10 employees) accelerates cash flow for startups; 15% for larger firms supports scaling. High utilization in NYC's biotech corridor, with over $50M allocated since 2018.

Fully Refundable with No Carryforward

Unused credits refunded immediately, ideal for pre-revenue companies - no waiting for profitability.

3-Year Limited Window

Businesses may claim the credit for up to three consecutive years once certified; encourages early NY investment in life sciences.

Other Unique Rules
  • New Business RequirementMust be a newly formed entity; expansions of existing firms ineligible.
  • Life Sciences FocusMajority of activities in fields like biopharmaceuticals, genomics, medical devices, or stem cell research - ESD verifies via application.
  • Statewide Cap Competition$10M rolling annual pool awarded first-come, first-served; apply early via ESD portal.
  • No Contract ResearchUnlike federal, third-party payments excluded to prioritize in-house innovation.
  • Audit RetentionMaintain records for at least 3 years after filing, per NYS Tax Department rules.

New York R&D Tax Credits Case Study

A New York-based medical device startup secured $1.2 million in state credits over three years to fuel prototype development.

$450,000
total state R&D tax credits earned
60%
of wages qualified as QREs
$1,050,000
total R&D tax credits earned (federal + state combined)
Frequent Asked Questions

What is the New York Life Sciences R&D tax credit?

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The Life Sciences Research and Development Tax Credit Program offers a fully refundable credit of 15% (10+ employees) or 20% (less than 10 employees) on NY QREs for new life sciences businesses, capped at $500,000 annually and $1.5M lifetime, administered by Empire State Development.

What activities qualify for New York’s Life Sciences R&D tax credit?

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Qualified activities include developing or improving life sciences products/processes (e.g., biopharma trials, genomics tools) meeting IRC §41's four-part test, performed in NY. Strike Tax identifies and documents eligible projects.

How much can my business save with New York’s Life Sciences R&D tax credit?

mness-logo
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For $3 million in NY QREs with less than 10 employees, you could save up to $500,000 (capped), plus federal credits. Use Strike Tax’s R&D Credit Calculator for personalized estimates.

Are New York Life Sciences R&D tax credits refundable for startups?

mness-logo
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Yes, fully refundable immediately if exceeding liability - perfect for cash-strapped innovators. No carryforward required, unlike nonrefundable programs. Strike Tax maximizes refund timing.

How do I apply for New York’s Life Sciences R&D tax credit?

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Submit ESD application (PDF + Excel) with QRE details; receive certificate for tax return filing. Applications processed first-come until $10M cap. Strike Tax handles certification and compliance.

Can New York life sciences businesses claim both state and federal R&D credits?

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Yes, stack the 15-20% state credit with federal R&D credits often range from 14% to 20% of qualified expenses depending on method on the same NY QREs for amplified savings. Strike Tax optimizes dual claims.

What are the employee thresholds for New York’s tiered R&D rates?

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Fewer than 10 full-time NY employees qualifies for 20%; 10 or more gets 15%. Employee count is based on total full-time employees of the business, verified by ESD.

Does the New York credit include contract research expenses?

mness-logo
line-logo

No, contract payments to third parties are excluded - focus on in-house wages and supplies for maximum credit. Strike Tax reallocates expenses strategically.

What 2025 changes apply to New York’s Life Sciences R&D credit?

mness-logo
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No major changes; businesses may claim the credit for up to three consecutive years once certified. Federal Form 6765 updates (Section G for components greater than $10K) impact documentation - Strike Tax ensures compliance.

Why is New York’s Life Sciences R&D credit valuable for biotech firms?

mness-logo
line-logo

High refund rates and caps support early-stage funding in a hub like NYC, with $10M annual pool driving $100M+ in sector investment since inception. Strike Tax tailors claims for biotech.

Next Steps

Estimate Credits
Estimate Credits

Use our calculator to estimate your potential federal and state benefits.

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Speak to Expert
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Schedule a consultation to structure your life sciences research activities.

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New York
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 08, 2025.

New York R&D Tax Credit

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

15
%
credit on qualifying expenses for firms with 10+ employees
20
%
credit on qualifying expenses for firms with <10 employees
%
3-year
carry forward for credit usage

New York R&D Tax Credit Eligibility Summary:

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

New York R&D Tax Credit Guidelines:

  • The Life Sciences tax credit does NOT include Contract Research expenses in the quantification of QREs.
  • Program credits of $10 million per year can be allocated and used to encourage new businesses to conduct their research and development in the State.
  • The credit is allowed for up to three consecutive years beginning with the first taxable year on or after January 1, 2018 during which the qualified life sciences company meets the eligibility criteria. The credit is capped at $500,000 per year for a lifetime cap of $1.5 million.

New York R&D Tax Credit Case Study

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

$

Total state R&D tax credits earned

%

Amount of wages qualified for tax credits

$

Total R&D tax credit earned

Key New York 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 New York Life Sciences R&D tax credit?

mness-logo
line-logo

The Life Sciences Research and Development Tax Credit Program offers a fully refundable credit of 15% (10+ employees) or 20% (less than 10 employees) on NY QREs for new life sciences businesses, capped at $500,000 annually and $1.5M lifetime, administered by Empire State Development.

What activities qualify for New York’s Life Sciences R&D tax credit?

mness-logo
line-logo

Qualified activities include developing or improving life sciences products/processes (e.g., biopharma trials, genomics tools) meeting IRC §41's four-part test, performed in NY. Strike Tax identifies and documents eligible projects.

How much can my business save with New York’s Life Sciences R&D tax credit?

mness-logo
line-logo

For $3 million in NY QREs with less than 10 employees, you could save up to $500,000 (capped), plus federal credits. Use Strike Tax’s R&D Credit Calculator for personalized estimates.

Are New York Life Sciences R&D tax credits refundable for startups?

mness-logo
line-logo

Yes, fully refundable immediately if exceeding liability - perfect for cash-strapped innovators. No carryforward required, unlike nonrefundable programs. Strike Tax maximizes refund timing.

How do I apply for New York’s Life Sciences R&D tax credit?

mness-logo
line-logo

Submit ESD application (PDF + Excel) with QRE details; receive certificate for tax return filing. Applications processed first-come until $10M cap. Strike Tax handles certification and compliance.

Can New York life sciences businesses claim both state and federal R&D credits?

mness-logo
line-logo

Yes, stack the 15-20% state credit with federal R&D credits often range from 14% to 20% of qualified expenses depending on method on the same NY QREs for amplified savings. Strike Tax optimizes dual claims.

What are the employee thresholds for New York’s tiered R&D rates?

mness-logo
line-logo

Fewer than 10 full-time NY employees qualifies for 20%; 10 or more gets 15%. Employee count is based on total full-time employees of the business, verified by ESD.

Does the New York credit include contract research expenses?

mness-logo
line-logo

No, contract payments to third parties are excluded - focus on in-house wages and supplies for maximum credit. Strike Tax reallocates expenses strategically.

What 2025 changes apply to New York’s Life Sciences R&D credit?

mness-logo
line-logo

No major changes; businesses may claim the credit for up to three consecutive years once certified. Federal Form 6765 updates (Section G for components greater than $10K) impact documentation - Strike Tax ensures compliance.

Why is New York’s Life Sciences R&D credit valuable for biotech firms?

mness-logo
line-logo

High refund rates and caps support early-stage funding in a hub like NYC, with $10M annual pool driving $100M+ in sector investment since inception. Strike Tax tailors claims for biotech.