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Section 174 vs the R&D Credit: What Changed and Why It Matters

Two sections people mix up

Section 41 is the credit, the dollar-for-dollar reduction in the tax you owe. Section 174 is about deductions: how and when you get to write off the cost of research in the first place. They are different rules that happen to cover the same activity, and you can be affected by one without claiming the other.

What changed in 2022

Starting in 2022, a provision from the 2017 tax law took effect that stopped businesses from deducting research costs in the year they spent the money. Instead, the cost had to be capitalized and spread over five years for domestic research. Spend $100,000 in 2022 and only about $10,000 was deductible that year. For cash-strapped small businesses, that meant paying tax on money they had already spent.

What the OBBBA changed in 2025

The One Big Beautiful Bill, signed July 4, 2025, undid the change for domestic research. Two things matter. Going forward, beginning in 2025, you can again deduct domestic research costs in the year you incur them. Looking back, there are ways to recover the deductions you could not take from 2022 through 2024, and the fastest of them has a deadline.

Why this matters even if you claim the credit

Section 174 changes your taxable income; Section 41 changes your tax. They work on different lines of the return, and they need to be coordinated. One wrinkle to know: research performed outside the United States still has to be capitalized and spread out, even after the 2025 change, so the location of the work matters.

What to do

  • If you are eligible to amend for 2022 through 2024, move now: amended returns are due July 6, 2026.
  • Quantify what you would actually recover, net of the work to amend, before you commit.
  • If amending is closed to you, plan the catch-up deduction instead: the remaining balance can be deducted on your 2025 return or spread across 2025 and 2026.
  • Going forward, deduct domestic research in the year you incur it.

Frequently asked questions

Are Section 174 and the R&D credit the same thing?

No. Section 174 is how you deduct research costs. Section 41 is the credit that reduces your tax. You can be subject to the Section 174 rules whether or not you claim the credit.

Did the OBBBA get rid of capitalization entirely?

For domestic research, it restored immediate expensing starting in 2025. Research performed outside the United States still has to be capitalized and amortized over 15 years.

Who can amend 2022 through 2024?

Smaller businesses, generally those with $31 million or less in average gross receipts, and only until July 6, 2026. For 2022 returns the ordinary three-year refund deadline can cut that shorter, and for many filers it already has. If amending is off the table, the unrecovered costs can still be deducted on the 2025 return or across 2025 and 2026.

Do I have to deal with Section 174 if I do not claim the credit?

Yes. The Section 174 treatment of research and experimental costs applies regardless of whether you claim the Section 41 credit.

Sources

This guide is general information, not tax advice. Your situation has its own facts, so talk to a credentialed professional before you act on anything here.

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