Research and Experimentation Tax Credit: IRS Proposed Changes to Form 6765

By Freed Maxick Tax Team on October 10, 2023

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Freed Maxick Tax Team

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Are you a taxpayer looking to claim a research and experimentation (R&E) credit? If so, you'll want to pay close attention to the recent developments from the IRS. On September 15, the IRS released a preview of proposed changes to Form 6765, which could significantly impact how you claim the R&E credit in the 2024 tax year.

These proposed changes aim to provide more transparency and effective tax administration, but they also come with added complexity and burden. In this blog post, we'll break down the key changes and what they mean for taxpayers like you.

Summary of Proposed Changes to the R&E Tax Credit Form 6765

Let's start by summarizing the major changes proposed for the 2024 Form 6765:

Section 280C Election and Controlled Groups: The top of the form now includes questions about the reduced credit, known as the Section 280C election, and controlled groups or businesses under common control.

New Section E: This section introduces several fields, including the number of business components generating the credit, the amount of officers' wages included in QREs, and yes/no questions about various aspects of your business activities.

New Section F: Section F requires taxpayers to provide detailed information about their research and development activities, which may necessitate attaching burdensome submissions to the form filed with the return.

Challenges and Impact of Form 6765 Changes

These proposed changes are not mere formalities. They could significantly affect the way you identify and document your qualifying research expenditures (QREs). The IRS now demands highly detailed quantitative and qualitative information at each business component level. This means that taxpayers may need to alter their methodology for claiming the R&E credit, which can be a daunting task.

IRS Request for Comments

The IRS has expressed its intention to enhance tax administration and provide clarity for taxpayers. However, the proposed changes could create a substantial burden, particularly for small businesses that might be least equipped to navigate these complexities. The IRS has requested feedback on these changes, which is open until October 31. They are specifically seeking input on whether Section F should be optional under certain conditions.

Looking Ahead at Changes to the R&E Tax Credit

It remains uncertain whether these changes will be adopted as proposed, modified, or rejected. Regardless of the outcome, it's essential for taxpayers to be prepared for potential shifts in the IRS's compliance efforts surrounding the R&E tax credit. Consulting with your tax advisor is crucial to assess how these changes might impact your ability to claim the credit, as well as the additional time and effort required for compliance.

These proposed changes underscore the importance of staying informed about evolving tax regulations and working closely with experts who can guide you through the intricacies of the tax code.

For more information on how these changes may impact your tax situation or for assistance in navigating the evolving tax landscape, please feel free to contact me at nick.zoyhofski@freedmaxick.com.

In conclusion, the IRS's proposed changes to Form 6765 are a reminder of the need for careful tax planning and compliance. Stay tuned for updates on these changes and consult with tax professionals to ensure you're making the most of the available tax credits and deductions.

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