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2014

Proposed Federal Regulations Provide Favorable Guidance on Research and Experimentation Expenditures

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DALLAS, Sept. 20, 2013 /PRNewswire/ -- The U.S Department of the Treasury and the Internal Revenue Service (IRS) have issued proposed regulations that address several long-standing discrepancies between how taxpayers and the IRS interpret the tax code related to the Section 174 deduction for research and experimentation (R&E) expenditures. The new regulations clarify that the eligibility of R&E expenditures for the tax deduction is not impacted by the subsequent sale of the resulting tangible property, such as a prototype, created through the R&E process.

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"Today's proposed rules provide the tax certainty necessary to reward businesses that invest in innovation," said Assistant Secretary for Tax Policy Mark J. Mazur. "Research and development are critical to addressing the challenges we face as a nation, and we will continue to pursue opportunities to clarify the tax code in a way that promotes economic growth and job creation."

These regulations, which are proposed to apply to tax years ending on or after the date final regulations are published, also include a new "shrinking-back" provision and definition of the term "pilot model." Specifically, the "shrinking- back" provision, which is similar to the research credit rule under Regulation Section 1.41-4(b)(2), addresses expense treatment in which the Section 174 requirements are met with respect to only a component of the larger product but not with respect to the product as a whole. Additionally, the proposed definition of "pilot model" as any representation or model of a product that is produced to evaluate and resolve uncertainty concerning the product includes a fully functional representation or model, which thereby provides for a full-scale prototype to be eligible for the R&E deduction.

Due to the fact qualification for the Section 41 research credit requires meeting the Section 174 deduction requirements, the rules will also impact taxpayers claiming the Section 41 credit. While taxpayers who have followed related case law such as T.G. Missouri Company v. Commissioner may find portions of the proposed regulations to be as expected, taxpayers should, however, take the opportunity to review their procedures and documentation, particularly if they incur significant supply expense for building prototypes.

The rules state that taxpayers may rely on the proposed regulations until final regulations are released. A public hearing has been scheduled for January 8, 2014, and comments are requested within 90 days of the proposed regulations' publication.

About Ryan
Ryan is an award-winning global tax services firm, with the largest indirect and property tax practices in North America and the seventh largest corporate tax practice in the United States. Headquartered in Dallas, Texas, the Firm provides a comprehensive range of state, local, federal, and international tax advisory and consulting services on a multi-jurisdictional basis, including audit defense, tax recovery, credits and incentives, tax process improvement and automation, tax appeals, tax compliance, and strategic planning. Ryan is a three-time recipient of the International Service Excellence Award from the Customer Service Institute of America (CSIA) for its commitment to world-class client service. Empowered by the dynamic myRyan work environment, which is widely recognized as the most innovative in the tax services industry, Ryan's multi-disciplinary team of more than 1,600 professionals and associates serves over 9,000 clients in 40 countries, including many of the world's most prominent Global 5000 companies. More information about Ryan can be found at www.ryan.com.

Available Topic Expert(s): For information on the listed expert(s), click appropriate link.
Jerry Lynch
ProfNet - http://www.profnetconnect.com/jeremiahlynch

TECHNICAL INFORMATION CONTACTS:

Andy Hammons 
Principal 
Ryan 
615.248.2256
andy.hammons@ryan.com

Stephanie Shell Condon
Director
Ryan
512.476.0022 
stephanie.condon@ryan.com

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