Es ist nicht zu spät – Euros Available in Germany for Research

Written by Karen Chelstowska, CPA. Updated Sep 24, 2021.

It’s not too late to take advantage of Germany’s new research and development (R&D) tax credit. This credit was introduced in January 2020 and is worth up to EUR 1 million per tax year. The best part?  If the credit exceeds your tax liability, the excess is fully refundable. This means that the German government will refund all or a portion of the credit back to you in cash. The German authorities are giving taxpayers four years to file their R&D claims. So, even if you have already filed your 2020 tax return, or do not have time this year to get started on it, you can still benefit through 2024. It’s not too late, but don’t wait too long to file!

Read More

Little Sandy Coal Company v. Commissioner—Another Lesson on the Importance of Substantiation

Written by John Bohannon. Updated Apr 2, 2021.

On February 11, 2021, the tax court issued a new memorandum opinion in Little Sandy Coal Company v. Commissioner. In this case, the taxpayer—a shipbuilding subsidiary—was denied its claimed R&D credit based on the development of 11 vessels by the IRS. After receiving its notice of deficiency, the taxpayer brought suit in the tax court seeking a redetermination. For the sake of expediency, the parties agreed to limit review to just 4 of the 11 projects at issue; the court’s opinion addressed only two of these—the Apex Tanker and Dry Dock Projects.

Read More

Tangel v. Commissioner—Works for Ire

Written by John Bohannon. Updated Jan 29, 2021.

On January 11, 2021, the tax court issued a new opinion concerning the application of the Federal Credit For Increasing Research Activities. In Tangel v. Commissioner, the taxpayer—a designer and manufacturer of integrated controls and switchgears utilized in power generation—was denied its claimed R&D credit by the IRS. After receiving its notice of deficiency, the taxpayer brought suit in the tax court seeking a redetermination. For procedural reasons, the court limited its opinion and ruling to a single project performed under contract by the taxpayer. The Service argued that the research performed by the taxpayer under this third-party contract was “funded” as defined under section 41 of the code. Specifically, the government contended that under the contract, the taxpayer retained no substantial rights in the results of the research.

Read More

COVID-19 Relief Bill Provides Favorable Changes to the Employee Retention Credit

Written by Ian Merwin. Updated Jan 12, 2021.

Signed into law on December 27, 2020, the Covid-19 relief bill contains a favorable update to the Employee Retention Credit (“ERC”). The Employee Retention Credit was one of the more successful components of the CARES Act, but there are several significant updates to the credit that are even more favorable for qualified businesses. Several updates can be seen below, along with a comparison to the credit terms under the CARES Act. Unless stated otherwise, the effective date of the provisions covered by the new law will be January 1, 2021.

Read More

PPP Loan Forgiveness and the R&D Tax Credit

Written by John Bohannon. Updated Dec 28, 2020.

Updated Dec 28, 2020

Officially signed into law on December 27th, the recent omnibus Covid-19 relief bill H.R. 133 reversed the Service’s previous stance regarding the deductibility of PPP-related expenditures. Among the bill’s voluminous provisions, section 276 (beginning on page 2004) makes clear that no deduction shall be denied as a result of a PPP loan’s forgiveness. Consequently, a taxpayer’s potential federal research credit will be unaffected as a result of the taxpayer’s utilization of a PPP loan and subsequent loan forgiveness. This protection is extended both to loans under the original Paycheck Protection Program as well as future loans to be granted under the bill’s expanded program.

Read More

Strapped for Cash; Companies Look to California ETP for Relief!

Written by Annette Fago. Updated Oct 23, 2020.

As the country continues to grind through the COVID-19 pandemic, states have been looking for ways to help businesses impacted by the unprecedented economic downturn. In addition to the incentives offered by the Federal government, several states have acted on their own either by authorizing new, COVID specific incentives, amending existing programs or by working within the confines of the existing rules and regulations of some programs.

Read More

Populous Holdings—A Popular Holding for R&D Taxpayers

Written by John Bohannon. Updated Oct 6, 2020.

Populous Holdings, Inc. v. Commissioner marks a highly favorable case decision for taxpayers claiming the research and development tax credit in general, and for the architecture industry in particular. In Populous Holdings, the court granted summary judgment in favor of the architectural design services taxpayer, holding that all five representative contracts at issue in the case were unfunded and therefore eligible for inclusion in calculating the tax credit.

Read More

TAX ALERT - Funding for WOTC State Agencies

Written by Rachel Zarate Brouwer. Updated Sep 18, 2020.

A $2.5 million tax credit grant is making its way to 12 states in order to speed up processing times for Work Opportunity Tax Credit Program certifications!

Read More

Swat-Fame, Inc.: Case Clothed—Why California Wouldn’t Say Yes to the Dress

Written by John Bohannon. Updated Sep 18, 2020.

A recent opinion by the California Office of Tax Appeals (OTA) ruling against an apparel industry taxpayer demonstrates a continuing trend by federal and state taxing authorities to focus on a taxpayer’s ability to substantiate adherence to meeting each element of the four-part test under section 41—most notably the process of experimentation requirement. In addition, the ruling indicates increasing scrutiny regarding a project’s activities having been undertaken for a permitted purpose.

Read More

A Tale of Two Tax Agencies During the COVID-19 Crisis: Federal giveth and California taketh away

Written by Ian Merwin. Updated Jul 16, 2020.

On June 29, 2020, the Governor of California, Gavin Newsom, signed into law the fiscal year 2020-2021 state budget, which included provision AB 85, limiting the ability of certain taxpayers to use net operating losses (“NOLs”) and specific business credits for the 2020, 2021, and 2022 tax years. Specifically, for tax years beginning on or after January 1,2020 and before January 1, 2023, taxpayers with a net business income or modified adjusted income of greater than or equal to $1 million will have their NOLs suspended during the period, and businesses will be capped at claiming $5 million in business credits per tax year.

Read More