Can you remind me what the issue with software R&D amortization (or point me to something that explains it)? I remember reading about the issue in the past and thinking it was a problem, but I've forgotten all the details.
This seems like a very strange take on 174. The author seems to be saying that all developer expenses can be expensed under old 174, but that’s not true (under my reading). My take was that exclusively research and development - where you are unsure of the outcome - is eligible under old 174.
Notice the analysis of big companies and their tax bills. Author notes that Google only expensed software development expenses until the software met some qualification threshold. After that, it’s not research anymore.
Read 26 CFR section 1.174-2. “Activities intended to discover information that will eliminate uncertainly concerning the development or improvement of a product.”
Specifically, check out example three in this section. I would be very careful about sweeping all my expenses in this category, but my familiarity with this part of the law is not deep.
I’d love a 174 practitioner to jump in here but that might be asking a lot.
For purposes of this section, any amount paid or incurred in connection with the development of any software shall be treated as a research or experimental expenditure.
We've heard a mix of advice from various tax professionals on what should be classified as R&D or not. The messaging gets expecially mixed since the R&D tax credit is often handled by a 3rd party that specializes in it. The company specializing in the tax credit may be incentivized to classify as much of your activity as R&D as they can, since they are usually paid a percentage of the total credits they are able to claim for your company.
It certainly complicates running a software company. My cofounder and I need to look at the amortization schedule before making any engineering hire as we basically need to consider their salary nearly 100% R&D. I imagine it's even more complicated for founders with overseas teams.
It would certainly be easier for us to do business if Section 174 was revised :)
As to software “development,” when you finish your software and publish it and get customer installs, then what happens? More software development? Or is ongoing operation/bug fixes still R&D under (c)(3)? I think your average software person has a strong belief about the answer to this question but having read some of the code® in the area, I share your opinion that this section needs more detail.
Pretty sure any updates to the software count as additional R&D. Just running software you've already created doesn't count though. Something interesting we were asked was how much of our cloud costs involved developing software vs running existing software to determine if those costs must also be amortized over 5 years.
