The passage of the One Big Beautiful Bill Act (OBBBA) in July 2025 and the subsequent release of Revenue Procedure 2025-28 moved the research and development (R&D) landscape from liability management to strategic recovery.

Strategic Implementation of the One Big Beautiful Bill Act (OBBBA) of 2025

For Tax Directors and CPAs, the primary challenge is no longer simply identifying research and experimental (R&E) costs, but optimizing the timing of the recovery of costs previously capitalized between 2022–2024.

The Recovery Election: Accelerated vs. Ratable (2025–2026)

For taxpayers other than qualified small businesses, the unamortized basis of domestic R&E costs from the Tax Cuts and Jobs Act (TCJA) era (2022–2024) is not automatically expensed.

Instead, Revenue Procedure 2025–28 provides a specific election to modify the amortization period. Taxpayers generally have three paths for their remaining domestic unamortized balance:

• One-Year Recovery (Full Acceleration): Deducting the entire remaining balance in the first tax year beginning after Dec. 31, 2024.
• Two-Year Ratable Recovery (Two-Year Split): Spreading the deduction evenly over 2025 and 2026.
• Status quo: Continuing the original five-year amortization schedule established under the TCJA.

Modeling the Two-Year Split Strategy

While immediate cash flow often favors one-year recovery, two-year ratable recovery is frequently the superior financial choice for companies navigating the following constraints:

• Section 163(j) Interest Limitation: Since Section 174A expensing reduces adjusted taxable income (ATI), accelerating a massive 481(a)-like adjustment into a single year could trigger a permanent loss or significant deferral of interest deductions. Spreading the recovery over two years can help keep ATI high enough to absorb interest expense.
• NOL Utilization and the 80% Limitation: For companies with existing net operating losses (NOLs), a massive one-year deduction in 2025 may result in an NOL carryforward that is subject to the 80% taxable income limitation in future years. The two-year split allows for smoothing to maximize the value of deductions against 100% of current-year income.
• Base Erosion and Anti-Abuse Tax (BEAT): Large multinational groups must model whether a massive one-year domestic deduction pushes them into a BEAT liability by significantly lowering their regular tax liability relative to the modified taxable income base.

Accounting Method Changes Mechanics

Under Revenue Procedure 2025-28, the transition to the deduction method for new costs and the election to accelerate existing costs are both treated as changes in method of accounting.

• Section 481(a) versus Modified Amortization: Technically, the Internal Revenue Service (IRS) characterizes the recovery of 2022–2024 costs as a change in the amortization period rather than a traditional Section 481(a) catch-up adjustment. 
• Form 3115 Waiver: The procedure provides a significant administrative waiver for the five-year prior change rule. This allows taxpayers who recently changed their R&D methods to comply with the TCJA to change them again immediately under the OBBBA.

Software Development: Convergence of Treatment

The OBBBA reinforces that all software development—whether for sale or internal use—falls under the new Section 174A. This treatment renders the old "technical uncertainty" debate about software under §1.174-2 largely moot, as the statute now explicitly treats software development as an R&E expenditure eligible for either the 100% deduction or the optional 60-month amortization.

Guides for Filing and Implementation

For high-level tax professionals, the how is equally important to the what. Under Revenue Procedure 2025-28, the IRS has streamlined the process for larger taxpayers to transition to the new Section 174A regime and recover prior costs without a formal Form 3115.

To implement the recovery of unamortized amount method—the acceleration of 2022–2024 costs—a specific statement must be attached to the timely filed federal income tax return for the first taxable year beginning after Dec. 31, 2024.

Below are tools to assist with the processes of calculating and reporting on expensing Section 174 capitalized expenses. Included are a required return statement to be attached to the tax return, an implementation roadmap, and a Section 174 basis reconciliation worksheet.

Required Return Statement: Section 174 Acceleration

Identification & Title: The statement must be titled: “FILED PURSUANT TO SECTION 7.02 OF REV. PROC. 2025-28.”

Necessary Information:

• Taxpayer Name
• Taxpayer TIN: The employer identification number (EIN) or social security number (SSN).
• Year of Change: A statement of start and end dates for the taxable year for which the change is effective.
• Designated Automatic Change Number (DCN): 273.
• A statement that the taxpayer is changing its method of accounting for domestic, specified R&E expenditures to the deduction method under Section 174A(a).
• Statement of Cutoff Basis: The taxpayer is making this change for the Year of Change on a cutoff basis to the process described in Section 174(a).

Additional Items, because there is a Section 174 unamortized balance:

• A statement that the taxpayer has a remaining, unamortized, domestic Section 174 balance as of the beginning of the Year of Change.
• The taxpayer's election to recover that remaining balance ratably over one or two taxable years.

Technical Tip: Unlike a standard Form 3115, a duplicate copy of this statement does not need to be filed with the IRS office in Ogden, Utah. Attaching it to the electronic return is sufficient to secure automatic consent.

Implementation Roadmap for Tax Teams

Section 174 Basis Reconciliation

Calculating the Unamortized Amount for 2025/2026 Recovery

The figure reported in your “FILED PURSUANT TO SECTION 7.02 OF REV. PROC. 2025-28” statement must represent the net book value of domestic R&E costs as of Jan. 1, 2025.

Section 174 Basis Reconciliation Worksheet

The unamortized basis is the total dollar amount of the unamortized domestic R&E expenditures as of the beginning of the year of change.

Strategic Considerations for the Amortization

When reviewing potential tax mitigation strategies, the choice between a one-year recovery (full acceleration) and a two-year ratable recovery (two-year split) should be driven by an effective tax rate (ETR)-versus-cash analysis.

Case Study: $10M Unamortized Basis

• One-Year Recovery (Full Acceleration) (2025 only): The taxpayer takes a $10 million deduction on the 2025 return.

  • Risk: If taxable income is only $8 million, the taxpayer creates a $2 million net operating loss (NOL) carryforward. If the taxpayer is a Section 163(j) limited entity, its adjusted taxable income (ATI) decreases by $10 million, potentially causing the loss of millions in interest deductions.

• Two-Year Ratable Recovery (Two-Year Split) (2025–2026): The taxpayer takes $5 million in 2025 and $5 million in 2026.

  • Benefit: This split smooths the impact on the Section 163(j) calculation and helps the taxpayer avoid "trapping" deductions in an NOL carryforward subject to the 80% limitation.

Audit Defense Note

The IRS has indicated that while it is granting automatic consent for this change, it is not granting audit protection for the underlying 2022–2024 calculations.

Executive Summary

The One Big Beautiful Bill Act (OBBBA) has established a strategic window for taxpayers to recover unamortized Section 174 balances via the newly enacted Section 174A. Under Revenue Procedure 2025–28, taxpayers are no longer bound to a five-year recovery period and may elect to accelerate domestic R&E deductions over either one or two-year periods.

Tax Directors and Chief Financial Officers (CFOs) should prioritize quantitative modeling to evaluate the interplay among accelerated deductions, Section 163(j) interest limitations, Section 59A (BEAT) exposure, and NOL utilization thresholds. Selecting the optimal recovery path—one-year versus two-year ratable recovery—is critical to maximizing cash flow and optimizing the ETR for the 2025 and 2026 tax years.

Connect, Learn, and Maximize R&D Tax Credits

Let’s build a strategic tax plan. Schedule a complimentary R&D consultation with Randy Eickhoff, CPA, Acena Consulting's Founder & Head Coach.

Register for our free monthly webinar, next on Jan. 20, 2026: Cracking the (Tax) Code for R&D.

• This workshop provides one continuing education (CPE) credit for professionals maintaining their continuing education (CEs).
• Discover more about qualifying and documenting R&D activities to receive tax incentives.

Visit our Acena Events page to sign up for our newsletter and stay abreast of all upcoming events.

Follow Acena on LinkedIn and X for the latest industry-specific incentives and tax policy updates.

//

Edited by Laura Whittenburg, MSBME, Sr. Technical Writer at Acena Consulting. Photo courtesy catherinecronin on Flickr.