IRS Guidance for R&D Payroll Tax Credit

The IRS issued Notice 2017-23 to provide guidance to small businesses that want to use the research tax credit to offset their payroll taxes. The PATH Act of 2015 provided this election to taxpayers; however, until this Notice was issued, it was not entirely clear how taxpayers could use their research tax credits to offset their payroll taxes. Prior to this, taxpayers had to follow the Form 6765 through to see how to report the election. So the guidance explains the process: make the election on the Form 6765 and then fill out the Form 8974. The Notice also explains how flow-through entities are to make and compute the election, addresses the controlled group rules, gross receipts, etc. For those who did not make the election, the Notice says that the election can be made by filing an amended tax return before Dec. 31, 2017. Since it is an election, it should also be eligible for 9100 relief beyond this time period.