IRC §41(d) promulgates a “Four-Part Test” that governs the analysis as to whether or not an activity qualifies for the credit. The Four-Part Test is outlined below.
- New or Improved Business Component (Product, Process, Software, Invention, or Formula)
- Functionality
- Performance
- Reliability, or
- Quality
- NOT qualified if related solely to style, taste, cosmetic, or seasonal design factors
- Elimination of Uncertainty
- Related to the capability or methodology for developing or improving a product or process
- Process of Experimentation (to resolve uncertainty)
- Includes Trial and Error
- Prototyping
- Modeling and simulation efforts
- Technological in Nature (based in a hard science) – process of experimentation is reliant on the principles of:
- Physical Sciences;
- Biological Sciences;
- Engineering; or
- Computer Science
Simply put, when determining whether the business component meets the requirements of the 4-part test you are essentially determining whether the client is going through a process that emulates the scientific method; in laymen’s terms this equates to the following series of questions:
- Can we do it (capability)?
- How can we do it (methodology)?
- What does it look like (appropriate design)?.
Additionally, IRC Sec. 41(d)(4) specifically states that the following activities will not qualify for the R&D credit:
- Research after commercial production;
- Adaptation of existing business components to a particular customer’s requirement or need without significant modification;
- Duplication of an existing business component;
- Surveys or studies related to efficiency, management functions or techniques, market research, routine data collection, or routine quality control testing or inspections;
- Research conducted outside the U.S., Puerto Rico, or any possession of the U.S.;
- Research related to social sciences, arts, or humanities; and,
- Funded research (discussed in further detail here). NOTE: INSERT HYPERLINK