House Bill Allows Immediate Expensing For Domestic Research
The House Ways and Means Committee released additional information regarding their proposed tax bill, named 'The One, Big, Beautiful Bill', which includes needed modifications to the requirement that research and experimental ("R&E") expenditures be capitalized. While domestic R&E expenditures were provided relief, no favorable adjustments were provided to foreign R&E.
Research, experiment and trial being done by a scientist in a lab, science facility or hospital.
The House bill provides domestic R&E can be fully deductible for expenditures paid or incurred in taxable year beginning after December, 31, 2024. However, the ability to immediately expense R&E capitalized assets for taxable years beginning after December 31, 2021 and before January 1, 2024 is not provided . In addition, the House provision does not call for permanence, but instead extends the ability to immediately deduct domestic R&E for expenses incurred for calendar year taxpayers until December 31, 2029.
Examples of qualifying R&E costs include salaries for those engaged in R&E efforts, overhead incurred to operate and maintain research facilities, and materials and supplies used and consumed in the course of R&E. In addition, domestic R&E expenditures under the bill include eligible expenses incurred for the development of software.
The proposed bill also allows domestic R&E expenditures to be recovered upon the disposition, retirement, or abandonment of the R&E expenditures. Under previous guidance, if there was a disposition of an R&E capitalized asset, the transferor was required to maintain the R&E capitalized asset and continue to deduct the R&E capitalized amount over the remaining amortization period. However, if a corporation ceased to exist for federal income tax purposes in a transaction described in IRC Section 381(a), the acquiring corporation was required to continue to amortize the transferor corporation's unamortized R&E expenditures over the remainder of the transferor corporation's applicable IRC Section 174 amortization period. This change would be applicable to taxable year beginning after December, 31, 2024.
Alternatively, the proposed law allows for a taxpayer to make an election for the ability to charge domestic R&E expenditures to a capital account and ratably amortize them over the useful life or the research, but for not less than a period of at least 60 months. The election must be made on a timely filed return, and is binding for all subsequent taxable years unless approved by the Secretary of Treasury. Alternatively, a taxpayer is still allowed to elect to capitalize and recover the domestic R&E expenditures over 10 years on a timely filed tax return, which can be made annually.
A transition rule requires taxpayers to adopt the changes to domestic R&E expenditures as an automatic accounting method change on a cutoff basis for taxable years beginning after December 31, 2024.
Foreign R&E expenditures still are required to be capitalized and amortized over 15 years beginning with the midpoint of the taxable year in which the taxpayer pays or incurs the expenditure. In addition, foreign R&E capitalized assets will continue to be amortized, with no immediate deduction being allowed, if the asset is is disposed, retired, or abandoned. The proposed law clarifies that for transactions related to foreign R&E that is disposed, retired or abandoned after May 12, 2025 the amount realized cannot be reduced for the R&E capitalized asset.
The House Ways and Means committee is expected to start the mark-up the bill on May 13th, and 2 pm EST, with the potential of presenting the bill to the House floor for approval next week.
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The last time this happened was 1965, according to Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, a progressive policy institute. President Lyndon B. Johnson federalized National Guard troops to protect civil rights demonstrators in Alabama that year. Protesters who set out from Selma were protected by over 3,000 National Guard troops, according to the National Archives. The protest march – the third attempt after previous marches were met with violence from state troopers – was led by Martin Luther King, Jr. and thousands of protesters walked to the State Capitol in Montgomery, where they delivered a voting rights petition to the governor. Goitein described Trump's deployment as 'extremely rare' in an interview with CNN's Jim Sciutto. She noted Johnson invoked the Insurrection Act – a move Trump hasn't taken yet. 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The administration's diminishing of the standards for deploying and federalizing the National Guard under Title 10 is concerning, Kayyem added. 'This is part of an overall reaching by the Trump White House to utilize federal military resources in civilian society, without an insurrection, without a major flood, without a major crisis, and in defiance of political leadership.' White House press secretary Karoline Leavitt said in a statement Trump called in the National Guard soldiers to 'address the lawlessness that has been allowed to fester' and 'violent mobs attacked ICE Officers and Federal Law Enforcement Agents.' Even in the face of violence, disruptions and civil unrest, Kayyem said deploying the National Guard under Title 10 without the governor's cooperation, especially when local law enforcement is already handling safety concerns, is unnecessary. 'A car on fire, some unrest, people arrested – those are things that we have seen in our society for a long time. They're not unique, and that is why we have law enforcement,' Kayyem said. 'If they don't know how to deal with it, they then ask for state resources, and if the state resources are overwhelmed, then the state generally turns to the federal government.' In nearby Compton, a vehicle was set on fire where protesters began to gather Saturday, video from CNN affiliate KABC showed. On Friday, video showed several projectiles being thrown at officers equipped with body armor and protective shields outside a Los Angeles federal detention center. Elsewhere in Los Angeles County, a crowd of protesters in Paramount became 'increasingly agitated, throwing objects and exhibiting violent behavior toward federal agents and deputy sheriffs,' the Los Angeles Sheriff's Department said in an advisory Saturday night. In response, the department requested extra resources countywide and deployed additional deputies. 'LA authorities are able to access law enforcement assistance at a moment's notice. We are in close coordination with the city and county, and there is currently no unmet need,' Newsom said in a post on X Saturday night. 'Trump is sending 2,000 National Guard troops into LA County — not to meet an unmet need, but to manufacture a crisis,' Newsom said in another post Sunday. Officials from the Trump administration described protesters as 'lawless rioters.' The Los Angeles Police Department, meanwhile, said Saturday's demonstrations within the city 'remained peaceful' and 'events concluded without incident.' When asked about the LA County Sheriff's Department describing protesters as exhibiting violent behavior, congresswoman Barragán said the violence was not coming from anti-immigration protesters. '(The sheriff) told me the situation in Paramount was under control, the people that were peacefully (protesting) have left. The situation was now across the street into the Compton area, and (these were) the unruly folks — that Saturday night crowd. The people that were there to actually protest immigration were gone,' Barragán said. 'We agree that if you're being violent, you should be arrested, you should be prosecuted,' she added. Because Trump's deployment of the National Guard has occurred in defiance of the governor's request, Kayyem predicts there is a higher likelihood the move will incite conflict. 'Our federalized troops are trained to do something, and that something is the use of force. They are not trained to de-escalate a political situation, civil unrest,' she said. US Secretary of Homeland Security Kristi Noem said the National Guard soldiers are in Los Angeles to maintain peace amid ongoing tensions between immigration enforcement authorities and demonstrators this weekend – but the rules of engagement remain unclear. Although Noem said the soldiers are there to 'provide security for operations and to make sure that we have peaceful protests,' she did not provide specifics about their activities on the ground. Kayyem said if the troops also lack clarity of mission, problems can arise. 'Without a definitive mission statement and without rules of engagement … there will be mistakes, and those mistakes will not only potentially harm civilians, they will also potentially harm other law enforcement,' Kayyem said. 'This is dangerous for the troops … and it's dangerous for a population that, even if you view them as hostile, do not deserve to be put in harm's way because of that hostility.' US Secretary of Defense Pete Hegseth said active duty Marines at Camp Pendleton will also be mobilized if the unrest continues. 'We need an administration that's not going to get to DEFCON 1 (the highest level of US military alerts) every time they see something on TV they don't like,' Kayyem said. 'Active Marines? That's just unheard of in the kind of situation we've seen.' Trump's decision to deploy the National Guard against Newsom's wishes comes on the heel of escalating tensions between the two leaders, with the president consistently targeting Democratic-led California in his efforts to use funding as leverage to enact his agenda. The administration is preparing to cancel a large swath of federal funding for California, according to multiple sources. Last month, Trump threatened to withhold federal funding from California over a transgender athlete's participation in a sporting event. The administration also recently cut $126.4 million in flood prevention funding projects, and even before his inauguration Trump repeatedly went after the state's handling of devastating wildfires earlier this year. The president and Newsom have also publicly feuded for years. 'I see these actions as kind of intentionally inflammatory from the White House, because they want this escalation,' CNN political analyst Astead Herndon said. 'They want this fight with Gavin Newsom, and they want to be able to use the levers of federal power in that fight.' 'It shows a feature of this administration, which is to use the levers of federal power against its enemies as a means of exerting its own ideological prism,' Herndon added. Human rights advocacy organization Amnesty International criticized the 'dangerous' deployment of National Guard troops, which the executive director says is 'to target and punish those who speak out in defense of human rights.' 'This is not about protecting communities,' the organization's executive director, Paul O'Brien, said in a statement. 'This is about crushing dissent and instilling fear.' CNN's Brad Lendon, Karina Tsui, Antoinette Radford, Zoe Sottile and Danya Gainor contributed to this report.
