Comment by paulcole

6 months ago

But nobody’s forcing you to classify software developers as R&D.

No, that's literally the Section 174 change. You now must count them as R&D.

The relevant paragraph from Section 174:

> (3) Software development

> For purposes of this section, any amount paid or incurred in connection with the development of any software shall be treated as a research or experimental expenditure.

https://www.law.cornell.edu/uscode/text/26/174

  • So that would include everything? - cloud/hosting expenses - system administrators/devops engineers and their laptops, workstations - project management software, office software, support, etc - project managers, designers, technical writers, qa engineers - software licenses, domain names, certificates, etc - internet bandwidth, data-centers, HVAC, backups

    • What "in connection with" means is vague. I think a reasonably competent tax attorney could probably argue that the costs of running your production cloud serving existing customers don't count, but IANAL.

  • what if you don't call it "software development"?

    how about "business process mechanization"?

    • At that point you’re so into tax fraud that you light as well call them “postage and shipping”

    • OMG, I can't believe how prudish HN commenters are!

      Have you seen who's leading the most powerful orgs these days?

      Have you seen what's going on?

      "business process mechanization" is a fair description of what we do and probably would be just fine, tax-wise

How would that help? R&D developers helped saving taxes, now they don’t.

Classifying them as non R&D doesn’t help saving taxes again.