Research credit against payroll tax for small businesses

 

The qualified small business payroll tax credit, under The Inflation Reduction Act of 2022 (IRA) increases the election amount from $250,000 to $500,000 for tax years beginning after December 31, 2022, for qualified research activities.

Starting in the first quarter of 2023, the payroll tax credit is first used to reduce the employer share of social security tax up to $250,000 per quarter and any remaining credit reduces the employer share of Medicare tax for the quarter.

Any remaining credit, after reducing the employer share of social security tax and the employer share of Medicare tax, is then carried forward to the next quarter.

How to claim the credit

The payroll tax credit election must be made on or before the due date of the originally filed income tax return (including extensions). The portion of the credit used against payroll taxes is allowed in the first calendar quarter beginning after the date that the qualified small business filed its income tax return.

The election and determination of the credit amount that will be used against the employer's payroll taxes are made on Form 6765, Credit for Increasing Research Activities. The amount from Form 6765, line 44, must then be reported on Form 8974, Qualified Small Business Payroll Tax Credit for Increasing Research Activities.

News releases

IRS sets forth required information for a valid research credit claim for refund

Guidance

Notice 2017-23, Interim Guidance and Request for Comments; Election by Qualified Small Business to Claim Payroll Tax Credit for Increasing Research Activities

Resources

Qualified small business payroll tax credit for increasing research activities