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The modern definition of the software industry and the R&D tax credit.

Software

The modern definition of the software industry and the R&D tax credit.

For software companies, Tri-Merit provides a range of tax services that support innovation, asset optimization, and energy-efficient practices. Software firms often qualify for the R&D Tax Credit through activities such as developing algorithms, coding for new software features, or enhancing cybersecurity. Additionally, Cost Segregation can apply if they own facilities, accelerating tax deductions for assets within their physical space. Energy Incentives and 179D credits can reward energy-saving improvements in data centers or office buildings, helping software firms manage tax liabilities.

In recent years, tangible and packaged software products have largely been replaced by software-related services like the cloud-based software as a service (SaaS), cloud storage and computing, mobile app development and hosting. Software sub-industries can include Software Publishers, Computer Systems Design and Related Services, Data Processing, Hosting and Related Services, Internet Publishing and Broadcasting and Web Services.

Tri-Merit’s job is to keep up with these changes and help you identify activity that can get you the largest possible return allowed.

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Qualified Activities for Software Developers

Like all companies who wish to claim the R&D credit, software developers must meet the IRS’ four-part test. The IRS considers activities related to the software development process to determine what qualifies for the R&D tax credit. These activities begin the moment the qualifying company decides what software they want to develop and carries through to the mapping out of a plan, meeting the design requirements and releasing the software for commercial use.

Qualified activities include:

    • Concept development/brainstorming alternatives
    • Requirements/feasibility analysis
    • Alpha/beta testing
    • Architecture design
    • Proof of Concept/writing test code (prototype)
    • Programming/coding
    • Regression testing

R&D Credit for Internal Use Software

In an R&D tax credit analysis, the IRS makes a distinction between software that is to be sold for commercial production or intended for use by 3rd parties (such as the examples mentioned above) versus internal use software that is developed by the taxpayer for use in general and administrative functions that facilitate or support the conduct of the taxpayer’s trade or business.

Companies in certain sectors such as banks, retailers, brokers, insurance companies, hedge funds and financial service companies often have large IT departments that develop software for their own operations. This potentially makes them eligible for the R&D credit as well.

Internal use software must pass the High Threshold of Innovation test. Examples include:

  • MRP/ERP
  • Payroll/Billing
  • Warehouse Management System
  • HR

R&D Credit for Internal Use Software

In an R&D tax credit analysis, the IRS makes a distinction between software that is to be sold for commercial production or intended for use by 3rd parties (such as the examples mentioned above) versus internal use software that is developed by the taxpayer for use in general and administrative functions that facilitate or support the conduct of the taxpayer’s trade or business.

Companies in certain sectors such as banks, retailers, brokers, insurance companies, hedge funds and financial service companies often have large IT departments that develop software for their own operations. This potentially makes them eligible for the R&D credit as well.

Internal use software must pass the High Threshold of Innovation test. Examples include:

  • MRP/ERP
  • Payroll/Billing
  • Warehouse Management System
  • HR
8 Point Checklist Pdf Cover - Software - Tri-Merit

Your 8-point checklist for finding the right specialty tax partner

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8 Point Checklist Pdf Cover - Software - Tri-Merit

Your 8-point checklist for finding the right specialty tax partner

We’re committed to your privacy. Tri-Merit Specialty Tax Professionals uses the information you provide to us to contact you about our relevant content, products and services. You may unsubscribe from these communications at any time.

Name

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

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