Many architects are either unaware of the applicability of research and development (R&D) tax credits to their firms, or struggle to understand how the credit applies, if their projects or activities qualify, why they qualify, and how much the credit might be.
The R&D tax credit (formerly the Economic Recovery Act) was adopted in 1981. Since its inception it has been extended 15 times and has been expanded in its definition and application. In 2004 a revision to the code (IRS Code Section 41c) included a “Four-Part Test” to help define qualifying activities, costs, and industries.
The Four-Part Test summarizes qualifications as:
Many Architects struggle to understand how these apply to their daily design and project tasks, or why the IRS allows a tax credit to help fund some of their overhead costs. This credit is an incentive to businesses that invest in innovation and aim to increase technological advancements within the U.S. It also incentivizes businesses that increase these activities each year.
The R&D credit is an income tax offset based on a company’s allowable wage or supply costs (qualifying supply costs are not usually found in typical architectural firms). Eligible wage costs will be hours spent working on activities that fall under the definitions above. These usually occur during the first three to four phases of architectural design: conceptual design, schematic design, design development, and sometimes into the construction document phases.
Examples of qualifying activities include:
What Does Not Qualify?
Activities that do not qualify as research activities include funded research or contracts which guarantee payment for 100% of all time and materials, regardless of the outcome or time incurred. Also, prototype projects with little to no innovation or unique design components have little qualifying time associated with the credit.
The R&D tax credit is a complex calculation of eligible costs averaged out over prior years and calculated as an increase in expenses over those prior year costs. Starting at 20% of increased costs each year, the credit generally averages out as a 5%–6% net federal credit. In 2018, according to the biannual AIA Firm Survey, 28% of architecture firms with over 50 employees applied and received tax credits.
An example of the calculation: A company with $100,000 in qualified research wages might qualify for a $5,000–$6,000 federal credit. A credit will directly offset income tax due, which results in either a refund or reduction in taxes owed. Currently, 42 states recognize R&D activity and provide state credits similar to the federal credits, which can significantly increase the benefit of an R&D credit analysis.
R&D tax credits can be claimed each year. For firms that have never claimed the credit, there may also be credits available for the prior three years . If your company meets the standards outlined above, a discussion with an R&D expert may be worthwhile.
If you are interested in learning more about R&D tax credits, or if your projects qualify, please contact Heidi Henderson of Engineered Tax Services directly at (801) 564-4464 or firstname.lastname@example.org.
This is the first in a series of articles about how research and development (R&D) tax credits are a tax-intelligent strategy that can be applied to a wide variety of industries. In this article, we’ll delve into how the software and gaming industries are prime candidates for taking advantage of R&D tax credits.
The IRS offers R&D tax credits to incentivize technological progress by reimbursing companies that develop new products, inventions, and processes; a percentage of those costs are returned to the company for what are termed Qualified Research Activities and Qualified Research Expenses. You don’t have to be a large company to qualify for the credit. For many years now, Engineered Tax Services has helped companies of all sizes across the United States to identify these expenditures and receive the tax benefits they’ve been missing.
Companies in the software and gaming industries can potentially claim R&D tax credit for:
The IRS treats third-party versus internal-use software a bit differently when evaluating their ability to qualify; the agency requires a higher level of innovation for internal use software, with proof there’s nothing similar already on the market. However, software that will be for sale or license needs to only show that technical coding and development was performed.
What Activities Qualify?
During the seven main phases of the Software Development Lifecycle (SDLC), it’s the fourth — development and coding — where R&D tax credits are the most applicable. This is when the major project deliverables are built, and programmers, network engineers, database developers, and others create code to meet requirements and specifications within the required technical environment. Next comes quality assurance and user acceptance criteria, and finally unit testing is conducted to ensure all user and business needs are met.
Potentially qualifying activities include:
However, the development of user/help documentation during this phase doesn’t qualify.
Keep Clear and Accurate Time-Accounting Documentation
It’s important to keep clear and accurate time-accounting documentation, because 95% of qualifying R&D expenses for software relate to employee wages and U.S.-based contractor fees. To properly claim R&D tax credits, you need to know exactly how much time is spent working on qualifying activities. List each project, all staff involved, and every hour spent on each qualifying activity.
Your documentation must prove:
The Four-Part Test
Take this simple four-part test to determine if you qualify for research and development credits, according to criteria established by the IRS:
Here is an example of how ETS helped one client with R&D tax credits:
|Total Qualified Wage Costs for Development||Net Federal Research Credit|
|December 31, 2018||$326,667||$25,807|
|December 31, 2017||$272,139||$18,311|
|December 31, 2016||$214,042||$15,060|
Because it can be a complex process to obtain R&D tax credits for software development activities, it can be wise to work with a knowledgeable partner like ETS that has many years of experience in this specialized area of tax law. Please feel free to contact us at email@example.com.
If you’re a commercial property owner, rental property manager, or real estate developer, you may be able to earn additional revenue by contracting with wireless carriers to install 5G transmitters on your rooftops.
Fifth-generation (5G) wireless technology is the next phase of cellular telecommunications that’s being rolled out worldwide. It’s become a top priority for deployment for cellular carriers in North America, because 5G can handle over 100 times the data compared to 4G.
However, unlike 3G and 4G, 5G requires transmitters about every five city blocks due to its higher frequency and shorter wavelength. As a result, carriers have been scrambling to find commercial real estate locations to deploy the network as fast as possible. Leases generally range from $2,000 to $20,000 each, and terms can extend for five to 20 years. The best opportunities include rooftops that work well in dense, populated areas where zoning doesn’t permit towers. And there are more than one million cellular sites in the U.S.
Here’s where a savvy technology partner like Engineered Tax Services (ETS) can help.ETS has established relationships with strategic partners to build out 5G networks and provide an end-to-end solution for all carriers nationally. As a result, you can make a considerable amount of money if you’re a building owner who works with ETS. We’ll analyze your building(s) to initially see if they’re suitable for 5G technologies and assess, according to location, if your property is an optimal candidate for carrier consideration.
Making Your Rooftop Work for You
A good 5G partner ensures that you come out on the winning end of the deal. For example, at ETS, we don’t earn anything until you do. Since we align our compensation with you, you’re assured of receiving the best deal possible. Our fee covers everything: property profile, analysis, permitting, tower construction, utilities, taxes, carrier relations, contract negotiation, carrier upselling, cash flow management, and representing you, as the client. You pay nothing until a lease is secured and the first month rent collected. In addition, you get our continued support: once you partner with ETS, we manage the entire rooftop lease process from A-Z.
As a result of the pandemic, commercial real estate is under considerable financial pressure. Could your unused rooftop be a potential cash cow?
In recent years, commercial real estate owners and investors have learned a secret: they can greatly maximize their tax savings if they combine Low-Income Housing Tax Credits with a cost segregation study.
The Low-Income Housing Tax Credit (LIHTC) is the federal government’s major tool for creating affordable housing. As a federal tax credit administered by states, it’s replaced HUD’s direct investment in public housing.
“What most real estate owners and investors don’t realize is that the LIHTC program has created a massive windfall of tax benefits for affordable housing,” said Daryl Petrick, Partner with the CPA firm Bowman & Company, who specializes in tax issues around affordable housing. “And when you combine LIHTC eligibility with a cost segregation study, you can achieve impressive tax savings using bonus depreciation.”
How Does LIHTC Work?
The Low-Income Housing Tax Credit subsidizes the acquisition, construction, and rehabilitation of affordable rental housing for low- and moderate-income tenants. Since it was enacted as part of the 1986 Tax Reform Act, it’s resulted in the creation of over two million new housing units.
After the federal government issues tax credits to state and territorial governments, state housing agencies use a competitive process to award the credits to private developers of affordable rental housing projects. These developers sell the credits to private investors to get funding. Once the housing project is opened to tenants, investors can claim the LIHTC over a 10-year period.
How Does An Investor Qualify for the Credit?
A wide variety of rental properties are eligible for LIHTC, including apartment buildings, townhouses, and duplexes, but project tenants must meet an income test and a gross rent test. They can meet the income test in three ways:
According to the gross rent test, rents must not exceed 30 percent of either 50 or 60 percent of AMI, depending upon the share of project’s tax credit rental units. All LIHTC projects must comply with the income and rent tests for 15 years; otherwise, credits are recaptured. Also, an extended compliance period (30 years in total) is generally imposed.
Cost Segregation: The Bonus Depreciation Bonanza
Low-income housing projects are being developed by public entities or larger C corporations. These include insurance companies, utilities, and especially banks. Under the Community Reinvestment Act, also known as the CRA, banks are obligated by law to help provide housing for low-income people.
“Historically these types of developers haven’t applied cost segregation, thinking it doesn’t create any value,” said Daryl Petrick. “But now they’re aware of the bonus depreciation bonanza, cost segregation makes sense. When you add LIHTC’s low-income credits to accelerated depreciation, it not only creates a windfall of tax savings, but also it expedites return on investment.”
For example, an investor could enjoy $7 million savings in cost segregation depreciation for a $20 million building—and that’s just in the first year. The credit is based on eligible basis. While land is not eligible, the bulk of the building is eligible for credit.
Case Study: $3,648,709 of Depreciation in the First Year
This case study illustrates the virtues of cost segregation. The project had a construction cost of $12,581,756. Thanks to a cost segregation study, the investor was able to claim $3,648,709 of depreciation in the first year. In comparison, without the cost seg study, the depreciation would only be $428,000 in the first year.
Pick The Right Advisor
However, the regulations about cost segregation and Low-Income Housing Tax Credit are complex. For that reason, we recommended selecting a specialty tax advisor like Engineered Tax Services, which has over 20 years’ experience in helping the construction industry to gain tax advantages, specializing in cost segregation studies, R&D tax credits, and 179D tax deductions.
“Now that bonus depreciation has drastically increased the rate of depreciation, it’s helping investors get faster returns on their capital and improving the ROI on these projects,” said Petrick. “There’s no question—cost segregation greatly magnifies the overall tax benefits for LIHTC projects.”
There is tremendous value in construction tax planning. If you’re in the construction industry, do you know how many millions of dollars you can save if you plan ahead to take advantage of powerful tax incentives before you build?
At Engineered Tax Services, we have 20 years’ experience specializing in providing specialty tax services to the construction industry. If you consult with us at the blueprint phase before you start construction, we can prescribe guidance to ensure you qualify for energy incentives and optimize your depreciation.
We can enhance your bottom line using the following tax strategies:
How Can We Save You in Taxes?
We’ve helped quite a few clients gain tax savings in unexpected ways.
It pays to bring us in before you build. We can help you pre-qualify for energy efficiency tax credits stemming from 179D and 45L—and 179D’s new regulations make it much more challenging to qualify for. When one client proposed building a large 300-unit Las Vegas multi-family apartment building, we saw the units didn’t qualify. But we pointed out that if our client changed the bathroom exhaust fan from a standard model to a variable speed, continuously running fan for $150, they’d qualify for a $2,000-per-unit energy credit. For 300 rooms, that’s a $600,000 tax credit for a $45,000 expenditure.
A client expressed interest in building a very large apartment complex in Colorado. We realized they’d qualify for 45L tax credits if they installed ceiling fans; 45L takes into consideration tightness of construction and airflow. Because our client was still able to make the change before construction was completed, they were able to claim the entire tax credit.
What Property Components Qualify for Accelerated Depreciation?
We identify accelerated deductions by analyzing costs and documenting design and construction based on federal guidelines. These guidelines define tangible property from all stages of a construction project. We consider:
We also analyze I.R.C. Sec. 174 embedded costs, indirect costs, and professional fees (soft costs) during the planning and design phases of a construction project, allowing for an immediate tax deduction in the year the cost is incurred.
The Nuts and Bolts of Construction Tax Planning
By taking advantage of our pre-construction tax planning services, you can obtain the maximum tax benefits associated with your construction project. We will evaluate your project to ensure that you qualify for:
Backed by our construction tax planning team of architects, general contractors, engineers, and CPAs, you’ll be surprised at the substantial tax savings you’ll enjoy.
Federal research & development (R&D) tax credits have been available for more than three decades to incentivize companies that invest in innovation and technological investments. This is a permanent federal tax incentive meant to stimulate innovation, technical design, and manufacturing within the US. Today, two-thirds of US states also offer tax credits for R&D activities… cont.
Architects often ask if they will face resistance from the IRS if they claim R&D tax credits and get audited, but they can improve their chances by following these guidelines and tips.
Read the IRS guidelines, know the four-part test, and understand how to define phases in project accounting.
According to the IRS audit technique guidelines, three industries are qualified to receive research and development tax credits—manufacturing, software, and the architectural and engineering (A&E) community. But paradoxically, manufacturers and software companies have an easier time passing an audit. Although less than 3% of small businesses are subjected to an R&D audit, it’s the A&E community (particularly the small business community) that’s come under scrutiny in recent months; retaining those credits depends on proper tracking and documentation.
Research, research, research
The problem? Unfortunately, the IRS Small Business unit doesn’t have the resources to have an engineer on staff to clearly judge qualifications for R&D tax credits, and it does delve into hourly time tracking records, so it’s become a purely subjective matter on the part of agency examiners. In fact, one agent is known to demand that “research” be in the project description and denies any application that omits that word, when it’s obvious that many projects missing this word required research and development in order to push innovation. As a result, we recommend featuring the word “research” prominently in each proposal.
It can also help to demonstrate how R&D efforts contributed to innovation. For example, to create a 100% energy-efficient building, you may have installed systems in the building that helped the owner save on operating costs. For the A&E community, energy efficiency reduces carbon footprint. Another designer we know of is contributing to the public good by designing ADA-compliant tiny homes for the disabled and homeless. These projects all contribute directly to our general welfare, and they require innovation.
Another issue: the IRS views architects and engineers solely as service providers and believes they sell nothing but their services, so the “product” being innovated via R&D is less clear than with manufacturing and software companies. The agency doesn’t take into account A&E firms’ intensive scientific expertise and the fact that of course, they have to apply innovation to overcome technical obstacles (such as designing a building in an unusual shape aerodynamically so it doesn’t collapse).
Regularly the IRS refers to “routine engineering activity”—as if any engineering task is routine! Engineering is science, pure and simple. And architecture follows suit. Architecture isn’t merely art (which is how the IRS often views it)—it’s a science, with demanding technical requirements.
How can you increase the chances your project will pass an R&D tax credit audit?
First, we recommend you go to the source and examine the criteria the IRS uses to judge R&D tax credits, the Audit Techniques Guide: Credit for Increasing Research Activities (i.e., Research Tax Credit) IRC § 41* – Qualified Research Activities.
Also, to determine if you qualify for research and development credits under the IRS, consider how your activities meet this simple four-part test:
In addition, documentation is very important. In your application, emphasize time tracking and project accounting. Delineate each phase of each project and exactly who worked on it. What were their hours?
In your task accounting, don’t only mention an employee worked 150 hours on design and development, but also cite that while she undertook design development, she spent them reviewing building systems and site challenges.
Drilling down into detail
Keep notes concise and organized and track exact phases of each project. You may also consider adding or rephrasing some of your project phases to fall in line with the IRS’s terminology. For example:
In your contracts, in many cases, you break out your project phases. For each phase where research is being performed, use the word “research” in the contract to describe the phase (or even say in the contract that you’re performing research as defined in I.R.C. Sec. 41 in phases x, y and z). In your contracts, specify that the xxx is the business component being sold to the client as defined in Sec. 41.
In your timekeeping systems, break the project out by phase. But in your phase names, how you align the name of the phase more closely with the objectives of R&D tax credit criteria? Phases such as admin, bid/proposal, schematic design, and construction aren’t all that helpful. It’s better to employ words that suggest a scientific method or process of experimentation, such as:
You can also place these categories under the overall phase of “develop business component”–even if you only state “business component” at the top of your system.
On the funded research issue, state in the contract that the parties agree that the research is not funded per I.R.C. Sec. 41. You can also state that the parties agree that the taxpayer bears the financial risk of nonpayment and retains substantial rights per I.R.C. Sec. 41. If the taxpayer is the party paying for the research, say the opposite.
Ultimately, the IRS needs to provide greater clarity and guidance in its criteria for R&D tax credit qualification, and lobbying efforts supported by Engineered Tax Services (ETS) are currently underway to encourage that remediation.
Additionally, if you use a specialty tax consulting firm such as ETS, then be sure to discuss these revisions and how you can begin proactive time tracking to build your case and defense under audit.
Again, please understand that less than 3% of all small businesses (like A&E firms) are subjected to audit, so your chances of encountering this eventuality are very slim.
Finally, we’d like to emphasize that we assuredly are not offering tax or legal advice in this article, so before acting on anything discussed here, you should consult your tax or legal professional or contact ETS to assist.
To learn whether your projects qualify for 179D, 45L, or R&D tax incentives, contact Heidi Henderson at Engineered Tax Services.
Cost segregation provides property owners and investors with an invaluable tax-savings tool for accelerating depreciation. The IRS requires that an engineer prepare a cost segregation study to determine how property will be classified, so it is essential that your CPA firm works with a specialty tax services partner expert that has years of hands-on experience in conducting the studies.
Growing Your CPA Firm’s Cost Segregation Services Niche
While your CPA firm likely recognizes the value of offering cost segregation services to your clients, you may need to partner with a specialty tax services firm that can provide engineering professionals as well as substantial expertise in leading cost segregation studies. Once you have a team in place, you can more readily identify prospects who can benefit from these services while maintaining control of the client relationship.
By asking the following 10 questions, you can narrow your field of candidates to find the best match for your firm.
Teaming with a Cost Segregation Expert
For the past 20 years, Engineered Tax Services has provided full-service specialty tax services to help CPA firms capture significant federal incentives for their clients. Our engineering and tax professionals have helped accountants and their clients substantially increase cash flow by identifying and reclassifying building assets for faster depreciation. We understand the tax ramifications that must be considered when conducting a cost segregation study as it relates to the issues of recapture, passive activity limitations and the intricate steps involved in 1031 exchanges.
Our goal is to help CPAs build out their specialty tax services niches by raising their profile as a firm providing a competitive advantage in your marketplace—with little or no capital investment.
To learn more about our cost segregation services for CPAs, call Engineered Tax Services at (800) 236-6519 or visit our services for accounting tax professionals page for more information.
What if there were the opportunity to increase your firm’s revenue while adding tremendous value to your clients? The truth is, many of your clients qualify for valuable tax credits and deductions that can help them improve cash flow and reinvest in their businesses. In our experience, we have found that many CPA firms sell themselves short by not offering specialty tax services at all, or not to their full potential. With that said, how can firms recognize which clients are candidates for specialty tax incentives?
Related E-book: How to Grow Your CPA Practice with Specialty Tax Services
In our experience, many CPA firms are surprised at the number of candidates that exist right in their firm’s database. Some industries are more obvious than others. For example, real estate owners have opportunities for cost segregation studies with pending transactions, just as manufacturers are good candidates for R&D tax studies. Would it surprise you to know that businesses in the food services and medical device industries can also qualify? Far too often, longtime clients are overlooked and overall, CPA firms simply don’t have the time or tools to look into these opportunities.
Simply put, data mining refers to automated searches using client data stored in software to gain business insights. For example, some CPA firms look for Schedule C sole proprietors that could benefit by reorganizing as an S corporation. For the purposes of tax incentives, data mining refers to the process of conducting an audit of your tax returns to uncover opportunities to generate substantial income for your CPA firm. Auditing the entire client list is an essential part of the process, so it is essential to have buy-in from all of your partners. Large firms may hire data scientists to conduct data analysis.
Other firms recognize the need to embrace opportunities and cull opportunities from their data, but don’t have the in-house expertise or time to do so. That’s when a specialty tax partner can be an asset to building new opportunities. Data mining is critical because it identifies business opportunities within your firm’s database that would otherwise not be noticed.
The ETS Data Mining Approach
Because ETS is singularly focused on specialty tax services, we can spot patterns using your tax software—opportunities that translate to significant dollars at low cost with minimal time invested. You can rest assured that your clients’ confidentiality remains protected as we never see names, only numbers.
Let’s use cost segregation as an example. Our goal is to mine your tax software to look for depreciated assets with 27.5- and 39-year terms. Here is how the process works:
It might surprise you that this entire process takes one week. Using this data mining process, you would be surprised at just how many opportunities can be identified!
Don’t Overlook Prospects
A word about prospects. Think about the companies you are pursuing. Do they conduct activities that would make them eligible for tax credits and deductions? When you have the capability to help them capture significant tax savings, it may open the door to building a long-term relationship. Think about it this way: if you don’t offer specialty services, someone else will.
The engineering and tax professionals at Engineered Tax Services have helped accountants and their clients achieve maximum tax credits by conducting thorough studies and working as an extension of their teams. To learn more about Engineered Tax Services’ specialty tax and advisory services for CPA firms, please call Engineered Tax Services at (800) 236-6519 or contact us here
The Work Opportunity Tax Credit (WOTC) provides a federal incentive to encourage employers to hire and retain veterans and individuals from other targeted groups who have consistently faced significant barriers to employment. The maximum credit allowable is generally $2,400 per hire but can be higher for members of some target groups—such as up to $9,600 for certain veterans. The WOTC is capped at $6,240 per worker for tax-exempt employers.
Newly Extended: The Consolidated Appropriations Act, passed by Congress late December, extends the WOTC through December 31, 2025.
Note: Employers cannot claim the same employees as eligible for the WOTC as those they claim for the same period under the employee retention tax credit (ERTC), one of the COVID-19 relief provisions funded under the CARES Act. The ERTC encourages employers to keep employees on payroll.
Along with other workforce programs, the WOTC promotes workforce diversity and facilitates access to good jobs to people searching for work. Three federal agencies administer the implementation of the WOTC through state workforce agencies that administer the certification process.
In addition to qualified veterans, WOTC-targeted groups include recipients of the following programs:
Other qualified targeted groups include:
How Are Work Opportunity Tax Credits Calculated?
An employer can earn a tax credit equal to 25% or 40% of a new employee’s first-year wages, up to the maximum, for the target group to which the employee belongs. Specifically, employers can earn 25% if the employee works at least 120 hours and 40% if the employee works at least 400 hours. For qualified tax-exempt organizations, the credit is limited to the amount of the employer’s Social Security tax owed on wages paid to all employees for the period the credit is claimed.
A taxable business may apply the credit against its business income tax liability, and the normal carryback and carryforward rules apply.
WOTC Certification/Tax Filing Process
Engineered Tax Services works with business owners to determine eligibility for the WOTC and to coordinate the application process. We can facilitate the application and qualification process for this valuable tax credit.
Work With a Qualified Tax Credit Expert
Claiming tax credits requires a fair amount of documentation required by the IRS. That’s why it’s important to seek professional help from a consultant with a strong expertise in helping taxpayers successfully claim these valuable tax credits.
The tax and engineering experts at Engineered Tax Services have helped companies of all sizes across the U.S. identify and qualify for tax credits. To learn more about the WOTC for business owners, please complete the form on this page. For immediate questions about specialty tax credits, call Engineered Tax Services at (800) 236-6519.