Proposed Changes to Form 6765: Enhancing the R&D Tax Credit

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Posted by Randy Eickhoff, CPA, Founder & Head Coach on Dec 15, 2023 12:15:00 PM

Proposed Changes to Form 6765: Latest Version

The Internal Revenue Service (IRS) has recently provided a sneak peek into potentially significant proposed changes to Form 6765. Officially known as the "Credit for Increasing Research Activities," IRS Form 6765 is designed to communicate the information necessary for claiming the research and development (R&D) tax credit. This highly popular program provides federal tax credits for companies that invest in innovation.

Form 6765 allows businesses to report and substantiate their eligible R&D expenses, making it a pivotal document for those seeking to leverage this valuable tax incentive. According to the IRS announcement, the recently proposed changes aim to “help the IRS accomplish some objectives of the IRS Inflation Reduction Act Strategic Operating Plan. For example, helping taxpayers meet their obligations and using enhanced data analytics to operate more efficiently and select the highest risk cases."

Why The Changes to Form 6765 Matter

The R&D tax credit provides a significant and potentially lucrative incentive for businesses investing in research and development activities. However, the program’s current reporting process has proven a challenge for both taxpayers and IRS personnel to administer due to the complex Research Credit issues. To help streamline the process, the Internal Revenue Service is proposing several substantial Form 6765 changes, which, if passed, could take effect as early as tax year 2024.

Here is a breakdown of what you should know about what the current proposed changes entail based on information from the IRS website:

New Section E for Miscellaneous Information

Form 6765 will introduce a new Section E with five questions aimed at gathering miscellaneous information. This addition will help provide a more comprehensive picture of the taxpayer's research activities.

Introduction of Section F

One of the most noteworthy changes is the introduction of a new Section F. Under Section 41 of the Internal Revenue Code, this section will require taxpayers to report quantitative and qualitative information for each business component. This data will offer a clearer understanding of the research activities conducted.

Repositioning of Key Questions

To streamline the reporting process, the IRS will move the "reduced credit" election question and the "controlled groups or businesses under common control" question from their current locations to the top of Form 6765. This change will ensure that these crucial questions are addressed early in the form.

Should Section F Be Optional For Certain Designated Taxpayers?

It’s important to note that the Internal Revenue Service is considering making Section F optional for certain taxpayers. For example, the section could be optional for expenditures or total tax credits under a specific dollar amount for controlled groups or optional for companies that qualify as a Qualified Small Business electing the Payroll Tax Credit.

IRS Seeking Feedback on Proposed Changes

The IRS has been gathering feedback from stakeholders on the proposed changes. Comments and suggestions were accepted through October 31, 2023. A response and final draft of the changes is expected soon.

Acena Consulting: Your Trusted R&D Tax Credit Partner

As always, Acena Consulting remains at the forefront of the latest potential R&D tax credit updates. Our team is committed to staying informed and proactive. We will provide an update to this blog once the final draft has been released by the IRS, including our thoughts on the changes.

For our current clients, the good news is that our existing R&D tax credit process is already well-aligned with most of the proposed changes. You can continue to rely on Acena Consulting for seamless guidance through these updates.

For business owners and financial advisors who haven't yet experienced our services, Acena Consulting is ready to help your business navigate these potential changes. Our expertise in R&D tax credits uniquely positions us to help our partners optimize ROI for this benefit, fully and compliantly. Schedule a call today with an Acena professional to learn more.

Randy Eickhoff, CPA, Founder & Head Coach

Randy Eickhoff, CPA, Founder & Head Coach

Randy boasts over two decades of experience in securing tax credits and government incentives, having collaborated with over 500 companies throughout his career. He kickstarted his journey in the tax practice of Arthur Andersen in southern California before co-founding Acena Consulting. Randy leverages his extensive expertise to provide industry insights to middle-market and Fortune 500 companies, fostering both direct partnerships and indirect relationships through CPA firms. Outside of his professional pursuits, Randy is deeply involved in the swimming community, serving as a Masters swim coach for Cal Lutheran University and achieving recognition as a top-ten Masters swimmer.