Software and Artificial Intelligence and the R&D Tax Credit

Small businesses in the software and Artificial Intelligence sector can benefit significantly from the Research and Development tax credit, which rewards innovation by reducing tax liability for eligible research activities. For startups that have not yet turned a profit, the R&D tax credit payroll tax offset is particularly valuable: it allows companies to apply up to $500,000 of the credit annually against their payroll taxes. This helps reduce burn rate and frees up cash to reinvest in product development, hiring staff, and expanding operations, making it a critical tool for early-stage growth.




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Founded in 1984 by J.W. Norris under the name Reed & Co., Swanson Reed has grown to become one of the world’s largest firms specializing in Research and Development (R&S) tax credit consulting. We boast numerous publications. Our artificial intelligence software, TaxTrex, is a state-of-the-art AI language model capable of preparing R&D tax credit claims in just 90 minutes. Our R&D credit audit insurance policy, creditARMOR, is one of the most affordable audit management products on the market.

If you have questions or need further assistance, call or email our CEO, Damian Smyth, at (000) 000-0000. Feel free to book a short conference call with one of our national R&D tax credit specialists at a time convenient for you.


Case Study: Software

Business Scenario

This case study demonstrates the application of key legislative requirements for qualifying R&D activities, applied to relevant activities in the software sector.

IVO Tech (IVO) is a leading software company specializing in employee screening software. The company was founded to provide new and innovative technologies to employee screening companies to help them improve productivity, reduce overhead, and gain technological competitive advantages over otherwise similar companies.

IVO incurred qualified research expenses related to the development of numerous innovative features in 2011-2013. IVO had never claimed the R&D tax credit before and was unaware that it was performing qualified activities. After meeting with a specialist and learning more about R&D, IVO realized it was eligible for the credit.


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IVO Tech’s Eligible R&D Activities

The R&D tax credit specialist helped IVO determine its qualifying R&D activities, many of which were part of the company’s daily operations. IVO’s qualified research expenses (QREs) included:

  • Development of new or improved software features to meet changing consumer preferences;
  • Improvement of processing speeds
  • Storage improvements
  • Testing on all supported versions to determine exposure
  • Experimentation with possible fixes until a suitable solution is determined
  • Creation and execution of test cases to eliminate uncertainty before releasing the software to customers

After summing the labor and supply costs from 2011 to 2013, IVO spent $1.95 million on R&D over those three years. IVO claimed the Federal R&D Tax Credit and received a tax credit of $45,000.

After understanding the benefits, a sustainable methodology was also established to help IVO identify, document, and substantiate eligible R&D projects and costs on an ongoing basis.


Live Webinar: The R&D Tax Credit in the Artificial Intelligence, Software, Cryptocurrency and the Cloud Sector

Duration: 60 Minutes

Learning objectives include:

  • An overview of R&D Tax Credits
  • Identifying Qualifying Research Activities
  • Defining the 4-Part Test
  • How to substantiate activities through documentation
  • Identifying Qualified Research Expenses

Cost: FREE

Knowledge Level:      Basic*

R&D Tax Credit Training for the Software Sector

directive for LBI taxpayers

Upcoming Webinar

 


Qualified Research Defined

Qualified research consists of research with the intent to develop new or improved business components. A business component is defined as any product, process, technique, invention, formula, or software that the taxpayer intends to hold for sale, lease, license, or actual use in the taxpayer’s trade or business.

The 4-Part Test

Activities eligible for the R&D Credit are described in the “4-Part Test,” which must be met for the activity to qualify as R&D.

  1. Permitted Purpose: The purpose of the activity or project must be to create new (or improve existing) functionality, performance, reliability, or quality of a business component.
  2. Elimination of Uncertainty: The taxpayer must intend to discover information that would eliminate uncertainty regarding the development or improvement of the business component. Uncertainty exists if the information available to the taxpayer does not establish the capability of development or improvement, the method of development or improvement, or the appropriateness of the business component’s design.
  3. Process of Experimentation: The taxpayer must follow a systematic process designed to evaluate one or more alternatives to achieve a result where the capability or method to achieve that result, or the appropriate design of that result, is uncertain at the beginning of the taxpayer’s research activities.
  4. Technological Nature: The process of experimentation used to discover information must fundamentally rely on principles of the hard sciences such as physical or biological sciences, chemistry, engineering, or computer science.

What specific records and documentation did IVO Tech keep?

Similar to any tax credit or deduction, IVO had to keep business records outlining what it did in its R&D activities, including experimental activities and documents to prove that the work took place in a systematic manner. IVO kept the following documentation as evidence:

  • Innovation Log
  • Change logs and bug fix records
  • Photos/videos of testing
  • Test protocols
  • Results or records of test analysis/trials
  • Tax invoices
  • Receipts
  • Worker timesheets

By having these documents on file, IVO confirmed it was ‘audit-ready’ — meaning that if it were subjected to an audit, it could present documentation illustrating the progression of its R&D activity, thus proving its eligibility for R&D.





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