On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022, which includes a significant increase to the amount of research and development (R&D) tax credits small businesses can utilize against payroll taxes. Under the new law, the payroll tax credit limit has increased from $250,000 to $500,000 for tax years beginning after December 31, 2022.
The Protecting Americans from Tax Hikes (PATH) Act of 2015 made the R&D tax credit more available to small businesses. The PATH Act allowed start-up businesses with gross receipts of less than $5,000,000 to utilize the credit to offset payroll tax liability. Prior to the PATH Act, start-up companies that did not have a tax liability were precluded from utilizing the R&D tax credit currently. The payroll tax credit was capped at $250,000 for each eligible year for a maximum of five years essentially providing small businesses with a potential benefit up to $1,250,000. Now, under the new bill, companies can benefit up to $2,500,000.
This new law provides a great incentive for startups that are not currently claiming the R&D tax credit to discuss their eligibility to do so.
To learn more about the R&D tax credit and how the new legislation may impact your business, contact Yair Holtzman, Partner and Leader of Anchin’s R&D Tax Credits Practice at 914.860.5599 or [email protected], or your Anchin Relationship Partner.