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                          five years, or 15 years if the expenditures relate to   Claybon suggested the solution may lie in simple
                          foreign research. (For more, see “Amortizing R&E   and clear communication with clients.
                          Expenditures Under the TCJA,” JofA, Nov. 2022.)   “It is important to have a well-thought-out strat-
                            Ernst & Young’s National Department prin-  egy of identifying research costs,” she said. “Whether
                          cipal and former U.S. Treasury attorney-adviser   research results in a failure or success is not relevant
                          Alexa Claybon believes it’s a problem CPAs must   to whether the costs are included in research costs
                          tackle head-on, particularly given the propensity   capitalized under Sec. 174.”
                          for confusion.                              Multiple attempts, attracting bipartisan support,
                            “On both spectrums, CPAs must be careful not to   have been made in Congress to delay or repeal R&E
                          exaggerate expenses. There’s also a tendency to equate   amortization. However, at the time of this writing,
                          research expenses to credit expenses, so being careful   Congress has yet to pass legislation on the mat-
                          and deliberate with your clients about what this   ter, and a lack of regulatory guidance leaves many
                          means is vital,” Claybon said.            questions unanswered (see the AICPA letter to IRS
                            This change will affect a variety of industries.   Associate Chief Counsel Holly Porter, “Comments
                          Minimizing research expenses will be a vital strat-  on Research & Experimental Expenditures Under
                          egy to offset the loss of current deductions caused   Section 174” (May 26, 2022)).
                          by the requirement to amortize expenses over as   “CPAs must undertake diligent and thorough
                          long as 15 years.                         analysis,” Claybon said. “There may even be some
                            “Manufacturing will be hit hardest. Yet this   avenues where the taxpayer won’t have to amortize.
                          issue affects several industries, so CPAs need to be   However, it’s very subtle, and taxpayers’ accountants
                          extremely careful in their advice,” Claybon warned.  must think it through.”   ■















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