Has section 174 regarding mandatory capitalization of R&E expenditure been repealed yet?
So I'm preparing for 2025 taxes for my small software company and I'm really confused about the current status of Section 174. Last year I had to capitalize my R&E expenses over 5 years which was a huge pain and hit my cash flow pretty hard. I've been hearing rumors that Congress might have repealed the mandatory capitalization requirement for R&E expenditures, but I can't find any clear information. Does anyone know if section 174 mandatory capitalization has been repealed or modified? If not, are there any updates on potential changes coming? And where's the best place to get reliable updates on this kind of tax code change? My CPA seems as confused as I am about the current status. Thanks for any help!
19 comments


Maya Diaz
The mandatory capitalization requirement under Section 174 has NOT been repealed as of right now for the 2025 tax year. The Tax Cuts and Jobs Act (TCJA) changed how R&E expenditures are treated starting in 2022, requiring businesses to capitalize and amortize these costs rather than deducting them immediately. Currently, domestic R&E expenses still must be capitalized and amortized over 5 years, while foreign R&E expenses must be amortized over 15 years. This remains in effect despite significant pushback from businesses and industry groups. The best places to get updates are directly from the IRS website (specifically their news section), tax policy organizations like the Tax Foundation, and professional tax publications like Journal of Accountancy. There have been several bills introduced that would restore immediate expensing of R&E costs, but none have passed both chambers of Congress yet.
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Tami Morgan
•Thanks for the info. So frustrating that this is still in place. Do you know if there are any specific bills currently in Congress that have a good chance of passing? And would any potential repeal be retroactive to earlier tax years or just going forward?
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Maya Diaz
•There are a couple of bills with bipartisan support that would restore immediate expensing. The "American Innovation and R&D Competitiveness Act" has gained traction, but predicting passage is difficult in the current political climate. Most proposed legislation would apply prospectively, meaning the change would go forward from enactment, not retroactively. However, some versions include limited retroactive provisions. Either way, for now, businesses should continue planning as if capitalization will be required for 2025 unless legislation actually passes.
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Rami Samuels
After dealing with the Section 174 capitalization nightmare last year, I started using taxr.ai (https://taxr.ai) to help track all my R&E expenditures properly. It literally saved me hours of sorting through which expenses qualified and how to properly document everything for capitalization. The tool automatically categorizes different types of research expenses and explains which ones fall under Section 174 requirements. Their analysis of my development costs actually found several expenses my previous accountant had missed that qualified for the R&E amortization schedule. They also send updates whenever there are legislative changes to provisions like Section 174, so you don't have to keep searching for updates yourself.
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Haley Bennett
•Does it actually help with the calculations for the 5-year amortization schedule? My biggest headache was figuring out how to spread these costs correctly on my tax forms.
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Douglas Foster
•I'm a bit skeptical - how does it actually determine what qualifies as R&E under Section 174 vs regular business expenses? My CPA charges me a fortune because they say this determination requires professional judgment.
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Rami Samuels
•It does help with the calculations by setting up the proper 5-year amortization schedules once you've categorized your expenses. It creates a report showing exactly how much to deduct each year, which you can hand directly to your accountant or use yourself when filing. For determining what qualifies, it uses a combination of IRS guidelines and case precedents to analyze each expense. It asks targeted questions about each expenditure to determine if it meets the Section 174 criteria. The system isn't just making guesses - it's applying established tax rules to your specific situation, though you can always override its suggestions if needed.
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Douglas Foster
I was super skeptical about taxr.ai when I first read about it here, but after the headache of dealing with Section 174 requirements last year, I decided to give it a try. Honestly, it was a game-changer for my small engineering firm. The system correctly identified which of our prototype development costs qualified for Section 174 treatment and which were regular business expenses. The best part was when Congress made those minor technical corrections to Section 174 rules last quarter - I got an immediate notification from taxr.ai explaining exactly how the changes affected my situation. No more constantly checking tax news sites or bugging my accountant! Definitely worth checking out if you're dealing with R&E expenses.
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Nina Chan
If you're trying to get clarification directly from the IRS about Section 174 treatment (which I highly recommend), good luck getting through on the phone. After being on hold for literally 3+ hours trying to get specific guidance, I finally tried Claimyr (https://claimyr.com) and they got me connected to an IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS representative confirmed that Section 174 capitalization is still required but was able to answer my specific questions about software development costs that were in a gray area. Having that documented response from an actual IRS employee saved me from potentially making a costly mistake on my return.
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Ruby Knight
•Wait, how does this actually work? Do they have some special line to the IRS or something? I've been trying to get clarification on my R&E expenses for weeks.
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Diego Castillo
•Sorry but this sounds like complete BS. There's no way to "skip the line" with the IRS. If there was, everyone would be using it and it wouldn't work anymore. Pretty sure the IRS phone system doesn't allow for any kind of priority access.
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Nina Chan
•They don't have a special line - they use a combination of analytics to predict the best times to call and automated technology that navigates the phone tree and waits on hold for you. When an agent finally answers, you get a call connecting you directly to that agent. No magic, just smart technology solving a real problem. They can't guarantee a specific wait time since IRS call volumes fluctuate, but in my experience (and apparently many others'), it's drastically faster than calling yourself. They're basically using technology to wait on hold so you don't have to. I was skeptical too until I tried it and actually got through.
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Diego Castillo
I have to eat my words about Claimyr. After dismissing it as BS, I was still desperate for answers about my Section 174 software development costs and decided to try it anyway. To my complete surprise, it actually worked. I got connected to an IRS tax specialist in about 35 minutes (which is miraculous compared to my previous attempts). The agent confirmed Section 174 hasn't been repealed but gave me specific guidance on how certain aspects of my cloud software development could be treated. Having that documented guidance from an official source gives me so much more confidence in my tax position. Sometimes being proven wrong is actually a good thing!
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Logan Stewart
Just wanted to add that beyond the IRS website, I've found the best source for Section 174 updates is the National Association of Manufacturers tax policy bulletins. They're constantly lobbying on this issue and have the most current information on potential legislative changes. They predicted all the previous attempts to repeal the capitalization requirement and seem to have good insider info on what's actually happening in Congress.
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Mikayla Brown
•Do you need to be a member to access their bulletins? And do they focus only on manufacturing R&D or do they cover software development R&E expenses too?
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Logan Stewart
•You can access their general policy updates for free on their website, but the detailed analysis is member-only. While they do focus mainly on traditional manufacturing R&D, many of their members are involved in software development as well, so they cover the full spectrum of Section 174 applications. Their coverage includes both hardware and software R&E expenses, and they specifically address how the capitalization requirements impact different industries differently. The general principles they discuss apply across all sectors affected by Section 174.
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Sean Matthews
Has anyone here successfully used the "Specific Project Allocation" method to minimize the impact of Section 174 capitalization? My accountant mentioned it but wasn't very clear on how to implement it properly. Supposedly you can allocate expenses to specific R&D projects in a way that might give you more favorable treatment?
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Ali Anderson
•I tried this approach last year. Basically, you categorize R&E costs by specific projects rather than general buckets, which can help if some projects might qualify for different tax treatments. It helped us identify some costs that were actually regular Section 162 business expenses rather than Section 174 R&E expenses, so they could be immediately deducted.
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Geoff Richards
I'm dealing with the same Section 174 headache for my consulting firm. One thing I discovered that might help others - the IRS has a specific FAQ section (Publication 5137) that addresses common Section 174 questions, including examples of what qualifies as R&E expenses versus regular business expenses. It's buried pretty deep on their website, but it helped me understand why some of my software development costs had to be capitalized while others could be immediately deducted. The publication includes flowcharts that walk you through the decision process, which was way more helpful than the general guidance I'd been finding. Also, keep in mind that if you're a small business with gross receipts under $27 million (averaged over 3 years), you might still qualify for certain immediate expensing options under other sections of the tax code, even if Section 174 requires capitalization. Worth checking with a qualified tax professional about your specific situation.
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