[HN Gopher] Software firms across US facing tax bills that threa...
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       Software firms across US facing tax bills that threaten survival
        
       Author : mjwhansen
       Score  : 428 points
       Date   : 2023-04-18 14:13 UTC (8 hours ago)
        
 (HTM) web link (www.cnbc.com)
 (TXT) w3m dump (www.cnbc.com)
        
       | mountainofdeath wrote:
       | Yet another self-inflicted wound the Congress of old men do to
       | make the US software industry even less competitive. I would
       | argue this is political because the tech industry is a convenient
       | target at the moment, full of young people who tend to vote
       | against the ruling party. That, and legacy industries don't care
       | too much about R&D anyway.
        
         | rootusrootus wrote:
         | This section of the code was part of Trump's tax legislation of
         | 2017. It is 100% ideological.
        
       | tlogan wrote:
       | The IRS hasn't provided a clear stance on this issue (ask your
       | tax guy).
       | 
       | However, this will definitely hurt a lot companies because they
       | used R&D tax credit for salaries. Convincing the IRS that certain
       | salaries suddenly don't qualify as R&D could prove challenging.
       | 
       | It's worth noting, though, that the R&D tax credit has been
       | raised to $500,000 per year, which could be beneficial for very
       | small companies.
        
         | taxopinion wrote:
         | > Convincing the IRS that certain salaries suddenly don't
         | qualify as R&D could prove challenging
         | 
         | I always felt the R&D tax credit was too good to be true. Like
         | how could a templated, computer generated report from a vendor
         | ever pass muster with the IRS?
         | 
         | Sure you could take the money, then you cease to exist later
         | because you run out of money. And then there's no one to audit
         | and no one to claw back from. But laws and enforcement changes.
         | It's a crazy thing to gamble on.
         | 
         | The IRS could audit every single R&D tax credit company and
         | find loads of skeletons in those closets. Being a customer of
         | an automated R&D tax credit vendor is the only thing on the APB
         | for those offenders.
         | 
         | What were people thinking?
        
       | cpufry wrote:
       | sucks to suck
        
       | spacemanspiff01 wrote:
       | I wonder how many companies will be doing more bugfixes now...
       | 
       | For example, the initial product generates "hello world".
       | 
       | What it was supposed to do was control a robot to automatically
       | do pick and place.
       | 
       | It's Definitely a bug that the program failed to work, it's even
       | tracked as a defect in the issue management. No R&D involved just
       | fixing a pretty severe software bug, namely that the product does
       | not work.
        
         | yetanotherloser wrote:
         | I like your style.
        
         | hinkley wrote:
         | Time to update your MVP books and release a 2nd Edition, ladies
         | and germs.
        
         | gamblor956 wrote:
         | No, because getting from "hello world" to "controlling a robot"
         | involves a fair amount of research and development to "fix" the
         | "bug" since you need to work out the code needed to get to the
         | "fix". Attempting to treat such work as not R&D would be tax
         | evasion.
         | 
         | But yes, in the sense that work that should not be treated as
         | development work will no longer be treated as development (and
         | thus no longer eligible for the R&D credit). So, actual bug
         | fixing should not be development work going forward if the fix
         | is simple and straightforward to carry out.
        
         | axus wrote:
         | Somehow I'm reminded of delivering software licenses that don't
         | actually activate, so that revenue could be booked now, and the
         | software + functioning licenses delivered later.
        
           | gumby wrote:
           | It's not GAAP revenue until the product is out of your hands
           | and in a usable state.
           | 
           | So you can drop the license in an envelope and recognize the
           | revenue immediately, but only if the recipient _could_ have
           | used it if they 'd grabbed it from the mailbox.
           | 
           | If the license isn't usable for another month, you can send
           | it to the customer, they can pay for it, and you can even
           | spend the cash, but the payment sits on your balance sheet as
           | a liability until the moment the license becomes valid.
        
             | natpalmer1776 wrote:
             | And as with anything, sufficiently motivated legal
             | representation will argue your way into the most favorable
             | grey area possible. Arbitrary example being a license key
             | that activates the software, but the activated software is
             | effectively a hardcoded trade show demo version. The point
             | most folks seem to be making is that "this isn't corporate
             | america's first rodeo" and that like many other industries
             | before software will end up with it's own numerous nuances
             | and loopholes established by extensive litigation.
        
       | mschuster91 wrote:
       | Well... looks like everyone thought US Congress might come to its
       | senses before it's too late.
       | 
       | Personally, I'd be inclined to say: let it all fucking _burn to
       | the ground_. Maybe that 's enough incentive for the GOP to come
       | to its senses. But unfortunately, there is a pretty high chance
       | the GOP is willing to risk a major economic crash just to push
       | the responsibility on Biden.
        
       | tourgen wrote:
       | [dead]
        
       | meowtimemania wrote:
       | Taxes should be written in a way that incentivizes hiring
       | individuals right? Salaries shouldn't be double taxed IMO since
       | it reduces a companies ability to hire individuals. Maybe just do
       | a VAT tax and remove other taxes. Is this a dumb idea?
       | 
       | (Note: I have little idea what I'm talking about)
        
       | garryindiana wrote:
       | [dead]
        
       | kazinator wrote:
       | Yikes! R&D costs, meaning actually paying the devs to make stuff,
       | is your biggest expense, and it's a big one. Rubber bands, paper
       | clips and toner for the office printer don't cost anything.
       | 
       | If your business has one large expense and you depend on writing
       | it off, and suddenly can't, that's bad news.
        
       | rootusrootus wrote:
       | I wonder how many little companies are going to re-title their
       | software developer as janitors. In many cases that description
       | fits pretty well anyway.
        
         | phamilton4 wrote:
         | Excuse me! I am a Custodian.
        
       | gumballindie wrote:
       | It would appear there's a coordinated effort to diminish software
       | engineering salaries across the board. Is the plan to decimate
       | the industry and ship it all to india and china?
        
         | phendrenad2 wrote:
         | This tax change will still affect you if you hire developers in
         | India & China. You have to actually move your office to India
         | or China instead (which might be a good idea).
        
           | rbultje wrote:
           | Actually. For foreign expenses, the amortization period is 15
           | years instead of 5, so the cash flow problem is even worse.
           | :-(.
        
       | commandlinefan wrote:
       | > many small business owners ... the change to require R&D
       | amortization
       | 
       | So - I'm not super sympathetic to taxation in general but...
       | small business are not doing R&D. Big businesses are hardly doing
       | R&D. If anybody outside of _maybe_ Apple and Google are even
       | _claiming_ they're doing enough R&D that not being able to
       | expense it impacts their revenue, they're committing criminal
       | levels on tax fraud.
        
       | synergy20 wrote:
       | this might encouaging small tech biz to outsource even more, i
       | will pay a standard professional service fee to them, will this
       | help me to survive?
        
       | hinkley wrote:
       | Yes, let's make research taxable but leave advertising as a
       | deductible expense.
       | 
       | What could go wrong?
        
       | vlark wrote:
       | Looks to me like a failure to plan properly. It's not like the
       | companies didn't know this could happen. If you put your faith in
       | Congress, be prepared to be disappointed by Congress.
       | 
       | CFO heads should roll over this. It's their job to be up to speed
       | on tax changes and plan for eventualities like this.
        
         | mjwhansen wrote:
         | CFOs have been quite vocal on this.
         | 
         | https://www.wsj.com/articles/u-s-cfos-ask-congress-to-repeal...
         | 
         | Small companies don't have CFOs.
        
         | 1auralynn wrote:
         | I own a two-person educational software company. We have a CPA
         | that we engage once a year to do our business taxes and can't
         | afford anything fancier than that. It's an LLC taxed as an
         | S-Corp so all of the "profit" goes directly to me on my
         | Schedule K. For 2022, if this is not reversed, I will owe
         | around $100K in taxes. For reference, my salary was around
         | $100k. I'll have to take out a payment plan with the IRS, and
         | probably shut down the company if nothing changes because I
         | can't do that again for 2023 and beyond.
         | 
         | We aren't making huge profits to absorb the costs and give me a
         | fat bonus to cover my taxes. In fact in 2022, I WAS expecting a
         | nice $30k loss and a refund. Do we deserve to survive? Probably
         | not in some peoples' minds, but we've been scrapping together a
         | living so far. It sucks because we were actually growing and
         | gaining some momentum: any further growth would now be pretty
         | impossible because I can't afford to pay my personal taxes to
         | cover additional dev salaries.
        
           | gavinhoward wrote:
           | Hey, fellow business owner here, but I am just getting
           | started; haven't made a sale yet and haven't "paid" myself
           | anything yet.
           | 
           | I am a single-man business. Would your situation be better if
           | it had just been you? In other words, was it the fact that
           | you had that other employee that is going to cause you to
           | shut down? Or would it have happened with just you?
        
             | 1auralynn wrote:
             | I'm no expert, but my understanding is that any expense
             | related to software development would have to be amortized
             | regardless of company structure or employees.
             | 
             | So, two scenarios: a) If you were a sole-proprietorship,
             | you made $100K revenue, paid $10k in AWS fees, you would
             | pay personal taxes on $98k (100 - 10/5) that year. b) If
             | you paid a contractor $50k that year, you would pay taxes
             | on $88k. (100 - 10/5 - 50/5).
             | 
             | In the past taxes base would be a) $90k (100 - 10) and b)
             | $40k (100 - 10 - 50). So yeah larger tax implications for
             | having employees, but the same would be the case with any
             | expense.
        
               | gavinhoward wrote:
               | Thank you so much.
               | 
               | It looks like I may have to shut down my business before
               | I even get started.
               | 
               | Good luck with your situation!
        
         | agwa wrote:
         | This is affecting companies with <$10m in revenue that don't
         | have CFOs.
         | 
         | I appreciate your point about not putting faith in Congress,
         | but as a country we should not let them off the hook for
         | passing batshit insane legislation that screws over small
         | businesses.
        
           | infamouscow wrote:
           | Does it matter?
           | 
           | Congress doesn't need to be involved to screw over small
           | businesses.
           | 
           | If the last few years have demonstrated anything, it's the
           | government can freely destroy small businesses by forcibly
           | shutting them down for completely intangible reasons without
           | the slightest repercussion.
        
       | rietta wrote:
       | Ugg. Now I got to figure out how this impacts our small business
       | this year. I just e-mailed our CPA so he would be able to look
       | over the changes after their busy season ends. I hope there is
       | some sort of threshold because as a small business some years we
       | barely break even after paying salaries. I mean profit under $10k
       | remaining to role over into January. I am driving a 16 year old
       | Honda Civic. Not living a life of luxury over here :-/
        
         | enginaar wrote:
         | i'm in a similar situation building software and my
         | understanding is while i cannot write off my expenses 100%
         | because i'm building an asset, if you're operating business as
         | usual, maintaining existing software/service then it's 100%
         | expense.
        
           | rietta wrote:
           | My wife and I am getting a refund this year. Getting beat up
           | in the business by inflation, all costs going up, and cutting
           | income in half is not a great tax strategy.
           | 
           | It is going to make me push tougher time code tracking onto
           | my developers. Fixing a bug is different than feature work is
           | different than legit R&D that might qualify for the actual
           | R&D tax credit. As if software devs love doing time sheets
           | (not!) :-/
        
             | enginaar wrote:
             | how subjective is it whether feature building qualifies as
             | R&D?
        
               | rietta wrote:
               | I am not an expert, but there are rules. If it fits the
               | definition of doing or managing the qualified work and
               | "no one is paying for it" than it could count. This is
               | for the R&D tax credit,see https://www.irs.gov/forms-
               | pubs/about-form-6765.
               | 
               | Here is a copy and paste from a e-mail from our CPA:
               | 
               | To qualify for the credit, you have to have what's called
               | "Qualified Research". Qualifying research typically
               | meet's the following criteria ...
               | 
               | 1. Was the research related to the development or
               | improvement of the functionality, quality, reliability or
               | performance of a business component (product, process,
               | software, technique, formula or invention)? 2. Was the
               | development technological in nature? 3. Was there
               | technological uncertainty about either the capability or
               | method of developing the business component or its
               | appropriate design? 4. Was the developmental process
               | experimental in nature?
               | 
               | For wages to qualify for the credit, they have to be for
               | qualifying research activities such as -
               | 
               | 1. Conducting or executing the qualified research (e.g.,
               | testing a manufacturing prototype) 2. Directly
               | supervising the qualified research (e.g., managing a team
               | of software developers) 3. Directly supporting qualified
               | research (e.g., organizing test results on formulation
               | trials)
        
               | robocat wrote:
               | I know nothing about this topic, But I think your
               | accountant was talking about R&D tax credits, which is a
               | different topic from R&D capitalisation and depreciation.
               | The tax credits might be another reason why companies
               | previously wanted to claim developers salaries as R&D.
               | 
               | The issue here seems to be that software development
               | wages are now supposed to be treated as R&D per
               | https://news.ycombinator.com/item?id=35620164 combined
               | with the fact the IRS wants R&D to be capitalised with a
               | standard depreciation schedule.
               | 
               | Hopefully someone who is an accountant can ELI5 this all,
               | because this topic is mostly basic accountancy.
               | https://news.ycombinator.com/item?id=35614721 explains it
               | a bit, but misses the ELI5 part about what
               | amortisation/depreciation is.
               | 
               | A good example that is about building a thing rather than
               | some software would help. Edit: Best example with good
               | child comments so far:
               | https://news.ycombinator.com/item?id=35615217
        
               | enginaar wrote:
               | thank you!
        
       | moron4hire wrote:
       | The big, overlooked thing here seems to be that the vast majority
       | of software developers are employed as consultants. Here on HN,
       | you're used to thinking in terms of startups creating products,
       | doing real R&D: creating a product that is speculating that
       | someone will buy it over the next X years. But that's just not
       | how most people who do "computer programming" are employed. Most
       | of us are working to build some stupid CRUD app that would be
       | basically turnkey if it weren't for the fact that consulting is
       | so cut-throat that it can't keep any talented senior developers
       | around. To call what consultoware developers do "R&D" would be
       | like calling a subcontractor who does construction for suburban
       | housing developments an "architecture firm". There's, like, some
       | tangential relation, if you really squint hard, but in reality,
       | there are none of the necessary creativity, or the risks creative
       | work implies, at play.
        
       | [deleted]
        
       | tgflynn wrote:
       | I have a hard time understanding why this so bad and the article
       | does nothing to explain it. As I understand it companies only pay
       | taxes on their profits, which generally speaking is what's left
       | after expenses, including salaries, are subtracted. If that's the
       | case then why would higher taxes on profits force a company out
       | of business or to layoff staff. If anything layoffs would tend to
       | have the short term effect of increasing profits, which would
       | only further increase taxes.
       | 
       | I can understand how a sudden unexpected change to the tax code
       | could catch people off guard and cause short term problems but
       | overall I don't see why this particular change should be so
       | devastating once any transient effects have been absorbed.
        
         | mjwhansen wrote:
         | The problem is that this tax change is artificially inflating
         | profits. Companies previously had the choice between expensing
         | (writing off entirely) and amortizing (spreading out) these
         | costs, and now they must be amortized.
         | 
         | It is especially problematic since it categorizes all software
         | development as R&D even if we don't think of it as R&D. It's
         | still unclear what the IRS considers "software development"
         | since they've never had to define it, but the way most big
         | companies with their well-paid accountants are proceeding are
         | that it covers new product development AND new features on
         | existing products, but not bug fixes/maintenance.
         | 
         | Let's take a simple example. Imagine a profitable small
         | software company that made $1M in revenue last year, spent
         | $700,000 on developer salaries and $200,000 on other expenses.
         | Ordinarily, they'd be able to write off $900,000 and have a
         | taxable net income of $100,000 that matches their actual
         | profit. Assuming a tax rate of 25% that's a $25,000 tax bill.
         | 
         | Now, if you assume developers spent 50% of their time building
         | new products and new features, and 50% of other expenses were
         | on new features, only $420,000 of the salary costs and $110,000
         | of other expenses are write-offs. Their taxable income just
         | went from $100,000 to $470,000.
         | 
         | Assuming a 25% tax rate, their tax bill is now $117,500 for
         | 2022 -- which exceeds their actual net income. This also
         | inflates their quarterly tax payments for 2023, both of which
         | hit right now.
         | 
         | This gets even worse for companies that aren't profitable, as
         | they don't have the cash flow to cover a tax bill when they
         | hadn't planned on having one at all. And given the current
         | financial environment, it's hard for startups to get any kind
         | of additional financing or funding.
         | 
         | This news article about our effort gets into this a bit more:
         | https://technical.ly/civic-news/section-174-small-software-c...
        
           | gamblor956 wrote:
           | R&D = "research and development"
           | 
           | If what you are doing is software _development_ then
           | obviously it is a _development_ activity that falls within
           | the meaning of _development_ for purposes of tax laws.
           | 
           | Software programming that does not constitute development,
           | such as bug fixing, is not subject to capitalization.
        
             | jdmichal wrote:
             | R+D is "research and development", not "research" and
             | "development". It's specifically development of research
             | into new products. Otherwise a carpenter could be seen as
             | "developing" wood into cabinets. If there's no research or
             | experimental process involved in the work, then it's not
             | R+D.
        
               | robocat wrote:
               | I can imagine Unicorn Research Inc deciding to rename all
               | "developer" titles to "programmer" titles, and removing
               | the word "Research" from the company name.
        
           | pr337h4m wrote:
           | Not very familiar with the US tax system, but is there no
           | option to treat "R&D spending" as a normal business expense,
           | forgoing all R&D incentives or tax credits?
        
             | agwa wrote:
             | There was before 2022. Not anymore.
        
           | phoehne wrote:
           | The burn cash but not necessarily profit. If they built the
           | software in 1 year for 1,000,000, they would carry an asset
           | of 1,000,000. They burned 1,000,000 in cash but have a
           | 1,000,000 asset. They had salary expense of 1,000,000 and
           | revenue of 0. Say they make 300,000 in revenue for the next 5
           | years based on that software. That means they would be able
           | to expense $200,000 against the $300,000 in income, paying
           | taxes on just $100,000 in income each of those years. At the
           | end of that time the asset has zero value.
           | 
           | The other option is they take a 1,000,000 loss that first
           | year, and then pay tax on all $300,000 for each of the
           | succeeding years. Either way, at the end of six years, There
           | was $1,500,000 in revenue and $1,000,000 in expenses.
           | 
           | As far as the treatment of bug fixes, the rules around
           | improvements and repairs probably cover that. If you fix a
           | bug like a bad calculation - that's probably opex, like
           | replacing a part on a machine. If you add a feature that
           | extends the life of the product, like adding an API for
           | outside developers, that would be an improvement and
           | capitalized. This is like refurbishing equipment to extend
           | its useful service life.
        
           | tgflynn wrote:
           | I've seen previous discussions about this on HN but there
           | seemed to be disagreement about whether this change required
           | developer salaries to be treated as R+D or only allowed it.
           | 
           | If this is really the way it works, defining some salaries as
           | necessarily not being deductible from revenues, then it makes
           | no sense for multiple reasons.
           | 
           | First the developers are still paying income tax on their
           | salaries so that money is getting doubly taxed in the year
           | the revenues are received.
           | 
           | Second the government generally seeks to encourage
           | employment. This would have the exact opposite effect because
           | any employee you hire who's doing software development would
           | cost you (1 + 4/5) times their salary in the near term.
           | 
           | I wonder how much of the downturn in tech employment this
           | year is being caused by this.
        
             | scrozier wrote:
             | > any employee you hire who's doing software development
             | would cost you (1 + 4/5) times their salary in the near
             | term
             | 
             | How can that be true? You only pay them once, not 1 4/5
             | times.
        
               | tgflynn wrote:
               | Yeah, what I said isn't completely accurate, because I
               | didn't take into account the tax rate. But the factor is
               | still larger than 1, assuming you have any revenue at
               | all, because in addition to what you payed them in salary
               | you have to pay tax on the 4/5ths of their salary you
               | couldn't deduct in the current year.
        
           | scrozier wrote:
           | > The problem is that this tax change is artificially
           | inflating profits
           | 
           | Not exactly. It's a well-established accounting principle
           | that you capitalize costs that provide a benefit over
           | multiple years. Depreciation is an easy-to-understand
           | example. It's more true that the historic practice of
           | expensing R&D costs was artificially inflating costs.
           | 
           | What the tax change _is_ doing is forcing amortization,
           | which, for early-stage companies is difficult, because they
           | have depended on expensing early and recognizing income
           | later.
           | 
           | It's a difficult issue. There are good arguments on both
           | sides. But it sounds like this was a surprise, which is
           | surely not optimal.
           | 
           | fwiw, when I was running start-ups (80s/90s/00s), my
           | recollection is that we amortized our software development
           | costs. I guess this got turned around by the rise of the
           | sophisticated startup world, with more accountants, lawyers,
           | and lobbyists. And now the government is pushing back, not
           | without reason.
        
             | SpaceManNabs wrote:
             | > And now the government is pushing back, not without
             | reason.
             | 
             | Is it? Seems like lawmakers just messed up in reaching an
             | agreement to extend something that is usually extended.
             | Typical congress games.
             | 
             | From light reading, Republican leadership seems to be the
             | main blocker since extending the provision has bipartisan
             | support. You would think that extending this and child tax
             | credits would be no-brainers for Republican leadership, but
             | here we are.
        
               | scrozier wrote:
               | That could well be. But maybe it's not so obviously a
               | good thing as it may sound to startup ears. Matching
               | income and expenses is a pretty good way to keep your
               | financial head about you.
        
             | TuringNYC wrote:
             | >> Not exactly. It's a well-established accounting
             | principle that you capitalize costs that provide a benefit
             | over multiple years.
             | 
             | OK, so lets flip this. I'm a founder working for free, as
             | many founders do. We code on nights and weekends and
             | produce hundreds of thousands of dollars of capital value.
             | If the business doesnt work out, can I claim all this as a
             | loss?
             | 
             | We cant have it both ways, can we? So I should be able to
             | take losses on these hundreds of git repos I have with
             | thousands of hours of unpaid work?
        
               | scrozier wrote:
               | Founders work for free because they're investing, taking
               | a risk like all investments. If they lose the bet, they
               | lose. No harm, no foul. That's true of any investment you
               | and I make. People lose money on investments every day.
               | 
               | There are a lot concepts being not very well defined
               | here: employment, investing, taxation, salaries. It's not
               | all one thing.
               | 
               | What is it that you think "we" are having both ways?
        
               | Implicated wrote:
               | I've got lots of 'failed' projects I've spent obscene
               | amounts of time on. Where's the Lambo dealership?
        
               | pclmulqdq wrote:
               | Technically, I would assume that you probably can claim
               | this as a capital loss if you have actually realized a
               | loss (eg you spent money on software related to the
               | business or something), but those are capped at $6,000 a
               | year. Those expenses previously could have gone on a
               | schedule C, though.
        
               | robocat wrote:
               | Catch 22: if you claimed the loss for the value of the
               | hours worked, you would also end up having to pay income
               | tax on the value of hours worked.
               | 
               | Paying yourself is a lose-lose game.
        
             | usefulcat wrote:
             | > And now the government is pushing back, not without
             | reason.
             | 
             | What reason is that? Increased tax revenue (in the short
             | term at least)? Because if there's no difference in the
             | long term then it seems pretty dumb to inflict financial
             | turmoil for no net gain.
        
           | [deleted]
        
         | hesdeadjim wrote:
         | You're off about the major problem with Section 174 -- money is
         | being taxed *before* expenses, and there is no "out" because
         | software has been labeled fully R&D back in 2017 (of course the
         | republicans carved an out for oil, mineral, and gas lol).
         | 
         | What makes it worse is that accountants at real deal firms like
         | Plante Moran didn't bother sounding the alarm early because
         | they figured like every time in the last 70 years Congress
         | would push off the effects.
         | 
         | It is an absolutely crushing situation that is going to put a
         | lot of shops out of business unless they have cash on hand to
         | weather the 5 year R&D tax amortization schedule.
        
           | robocat wrote:
           | Even if you have the cash, in a high inflation environment
           | with higher costs of lending, paying tax on ~80% today and
           | getting that tax back over 4 years, leads to indirect costs.
           | Especially for startups.
        
         | x0x0 wrote:
         | Previously: fully deduct R&D salaries from income to calculate
         | taxable profit.
         | 
         | Now: deduct 20% of R&D salaries from income to calculate
         | taxable profit, with the remaining 80% spread 1/5 per year over
         | the next 4 years.
         | 
         | For software companies, where costs are basically eng salaries,
         | this is a huge tax increase. It will kind of even out over
         | time, but it wacks new companies very hard.
        
           | rqtwteye wrote:
           | "It will kind of even out over time, but it wacks new
           | companies very hard."
           | 
           | Amortizing salaries seems really weird since they are
           | recurring every year. After 5 years you can deduct your full
           | salary expenses for that year. And after you have laid off
           | everybody you can deduct for a few more years. Definitely
           | makes it hard to hire a lot of people quickly if you don't
           | have a ton of profit.
        
           | yamtaddle wrote:
           | > R&D salaries
           | 
           | > For software companies, where costs are basically eng
           | salaries,
           | 
           | ... it smells like this might be fallout from mis-classifying
           | workers and/or fudging categorization of labor for some
           | benefit. Am I on to something?
        
             | hedora wrote:
             | The IRS forces the miscategorization, leading to tax bills
             | that can exceed actual net income.
        
             | agwa wrote:
             | Even companies that _don 't_ take R&D credits (which is a
             | benefit which can be fudged) are still forced to treat
             | software development expenses as R&E subject to 5 year
             | amortization. Companies have no choice in that matter (see
             | https://www.law.cornell.edu/uscode/text/26/174 (c)(3))
        
               | Kon-Peki wrote:
               | Is there a legal definition of "development" that needs
               | to be used? In the dictionary, the definition that most
               | fits "software development" is "The application of
               | techniques or technology to the production of new goods
               | or services."
               | 
               | Which means that at the very least, companies should be
               | able to classify at least some portion of salary costs as
               | "not software development". Maintenance, bug fixing,
               | useless meetings, etc?
        
               | agwa wrote:
               | As far as I can tell, the law does not define it, and the
               | IRS has provided no guidance.
               | 
               | It would certainly be consistent with the spirit of R&E
               | to not classify maintenance and bug fixes as R&E, and it
               | would definitely reduce the sting of this change for
               | established companies. Startups would still be pretty
               | screwed.
        
               | yamtaddle wrote:
               | What's the reason for that? I can find a lot of coverage
               | of the effects, and of efforts to change it, but why was
               | it made that way to begin with?
        
               | agwa wrote:
               | I'm not sure if this is true, but I've heard that the
               | Republicans needed ways to offset the tax cuts made by
               | The Tax Cuts and Jobs Act of 2017. One of the ways was
               | changing the treatment of R&E expenses.
        
               | mjwhansen wrote:
               | This is true - it was an accounting sleight of hand to
               | make the tax cuts look paid for during Congressional
               | Budget Office scoring
        
               | LorenPechtel wrote:
               | Because long ago the politicians got this "brilliant"
               | idea of requiring many things to not increase the
               | deficit.
               | 
               | The result has been things that cost money are "balanced"
               | by raising taxes somewhere--but politicians don't want to
               | raise taxes. Thus we get all sorts of garbage that
               | fiddles with the details without "raising" taxes, but
               | "raises" revenue--often by pulling it forward rather than
               | actually changing the total amount.
               | 
               | We have also seen a lot of things that employers used to
               | simply pay changed to income for the employee but
               | deductible--but that causes the FICA taxes to be paid in
               | all cases and since an awful lot of employees aren't in a
               | position to itemize those deductions are lost. Something
               | that was tax free now becomes income, but they didn't
               | "raise" taxes.
               | 
               | I'd like to take the idiotic idea and stand it on it's
               | head: I would not permit *any* measure to fund itself. A
               | measure would either be a tax bill or a spending bill, it
               | would be prohibited for a bill to do both. That would
               | remove much of the drive to create insanities like this
               | and Congress could work on cleaning up all the garbage.
               | To accomplish this, though, we will have to evict all
               | those idiots who "promised" never to raise taxes (but are
               | perfectly willing to vote for stealth increases that
               | cause a lot more pain per $ raised than doing it honestly
               | would.)
        
         | hrunt wrote:
         | The companies spent all the money this year on R&D
         | expenditures. That was cash out of their pocket (they spent it
         | this year, so it reduced this year's cash on hand). The effect
         | of the rollback is that they can now only count 20% of those
         | expenditures to reduce their profits (and, by extension, their
         | taxes) this year, so they are paying taxes this year on the
         | remaining 80%. While yes, the profits are higher, the cash is
         | not any higher, and cash pays the tax bill.
         | 
         | Note, this was not an "unexpected" change (it's been in the
         | code), but it WAS unexpected that the provision was not
         | extended.
         | 
         | Note that this affects not just startups. My wife's firm is a
         | small, employee-owned, non-tech S-corp. This hit them as well.
         | It resulted in tax bills for the shareholders approximately
         | 25-30% greater than the firm's accountants expected them to be.
         | The shareholders are on the hook for those higher taxes,
         | although the company did the right thing and distributed extra
         | cash to them to offset the higher taxes.
        
         | ricardobayes wrote:
         | Well, yeah because you're a normal person who pays tax by the
         | book and don't look at tax optimization schemes all your waking
         | hours. Classing devs as R&D was morally wrong anyway due to the
         | 100% tax credit. Although I think a better approach could have
         | been an immediate credit in the same year, but a reduced
         | amount.
        
         | vb6sp6 wrote:
         | [dead]
        
         | crote wrote:
         | The issue here is in the way it is deducted.
         | 
         | Previously, $1.000.000 spent on R&D in 2023 would result in a
         | $1.000.000 deduction on your 2023 taxes. Under the new system
         | the same spending would result in a $200.000 deduction in 2023,
         | $200.000 in 2024, $200.000 in 2025, $200.000 in 2026, and
         | $200.000 in 2027.
         | 
         | You still get the same deduction, but spread out over multiple
         | years. However, it also means that you can now deduct $800.000
         | less in 2023 than expected, resulting in a far higher tax bill
         | _this year_! If you are a startup you probably don 't have that
         | spare $800.000 just lying around doing nothing.
        
           | eschneider wrote:
           | That's still taxed off profits, not gross.
        
             | qeternity wrote:
             | Yes, but it's changing the way profits are calculated,
             | which massively impacts cash flows.
        
             | admax88qqq wrote:
             | If I can only deduct 200k of the 1m I spent that inflates
             | my net profits by 800k that I dont actually have, because I
             | spent it on what I thought was an expense.
        
             | lokar wrote:
             | You deduct (eligible) expenses from revenue to get
             | (taxable) profit
        
             | mminer237 wrote:
             | If you make $2,000,000 gross, spend $800,000 on operating
             | expenses, and $1,000,000 on R&D, you practically have
             | $200,000 profit; but you have pay $210,000 in federal tax
             | on $1,000,000.
        
           | 0zemp1c wrote:
           | its like a weird inverse of paying quarterly taxes...the same
           | goal - more of your money stays with the government longer
        
           | deltarholamda wrote:
           | >The issue here is in the way it is deducted.
           | 
           | The issue is that the rules changed. Businesses that relied
           | on the former rules are now faced with a (possibly
           | insurmountable) challenge to accommodate the new rules.
           | 
           | Washington loves to fiddle with tax rules, and lobbyists
           | spend a lot of time and money encouraging it, but nobody can
           | anticipate the ripple effects. It all looks great on CBO
           | spreadsheets and congressional press releases, but the real-
           | world impacts can be devastating.
        
           | ricardobayes wrote:
           | I only hope they include some kind of small letter that the
           | same person needs to still be employed to get the
           | amortization - I think that's actually implied by it. The
           | same way you got to keep a machine to keep deducting it. I
           | think the gov't got fed up of the mass layoffs and this is
           | how they are fixing it.
        
       | CRASCH wrote:
       | Any startup that needed a year of runway now needs five years of
       | runway. Runway is money needed before the company can survive off
       | of profits.
       | 
       | If company A has $1M in expenses and $1M in investment, after the
       | tax change it will need ~$5M in investment.
        
         | erik_seaberg wrote:
         | This makes most salaries nondeductible, so you will need about
         | 25% more revenue (80% of 21% federal and up to 10% state income
         | tax) to break even than otherwise. If you're pre-revenue your
         | runway doesn't change.
        
         | taxopinion wrote:
         | You've never filed an 1120.
        
       | orangesite wrote:
       | It's going to take a lot of arguing but I predict we'll end up
       | back where we started some time ago in the 70's:
       | 
       | The computer hardware is the asset.
       | 
       | Software engineer salaries are the operational expense of that
       | asset.
       | 
       | Fanciful: It was only a brief period of time where some companies
       | were able to resell the operational efforts of their in-house
       | staff to other owners of computer hardware assets. Now it's all
       | bespoke operational activities just like steel presses and
       | sawmills.
        
       | pitaj wrote:
       | Quick reminder:
       | 
       | - corporate taxes have one of the highest deadweight loss of any
       | tax
       | 
       | - corporate taxes get passed to consumers and employees as higher
       | cost of goods and lower wages / benefits
       | 
       | - the USA has one of the highest rates of corporate tax in the
       | world
       | 
       | - handling the complex tax code is more a burden on small firms
       | (as this case shows)
       | 
       | All of this together means we'd be better off dropping the
       | corporate tax entirely and instead tax income, capital gains, or
       | consumption at higher rates.
        
         | SketchySeaBeast wrote:
         | > the USA has one of the highest rates of corporate tax in the
         | world
         | 
         | That doesn't seem right. Apparently it ranks 81st?
         | 
         | [1] https://taxfoundation.org/publications/corporate-tax-
         | rates-a...
        
           | pitaj wrote:
           | My apologies, I was a little outdated. Unfortunately can't
           | update the previous comment. What I said was true as of 2017,
           | when the USA had a corporate tax rate of 39%, which ranked
           | third highest in the world.
           | 
           | It was changed to 26.8% by the Trump tax cuts, which ranks
           | 81st in the world. But that's still higher than 144
           | countries, including Switzerland, Finland, Sweden, Denmark,
           | Norway, UK, and Spain (just to name a few).
        
       | umayah wrote:
       | If you're worried about this, check out neo.tax
       | (https://www.neo.tax/). They are one of the few companies that
       | anticipated this and built a product to solve it.
        
         | xmagisterludix wrote:
         | Disclaimer: I work with startups as a consultant (not on
         | optimizing their tax burden).
         | 
         | I know of two companies that used neotax and they were happy
         | with the results.
         | 
         | What I don't know is if there is there anyone else in the space
         | or some of the disadvantages of neotax. But... if you're an
         | exec at a small -> medium size startup and you haven't dealt
         | with this yet you could do a lot worse than giving these guys a
         | call.
        
       | malfist wrote:
       | [flagged]
        
         | galangalalgol wrote:
         | Forget software for a moment, this is just about full stack
         | devs being called r&d workers (which is questionable), but we
         | were apparently already treating r&d for other sectors this
         | way, and that seems just as bad. This is anticompetitive
         | policy. Policy like this usually has an employee or gross
         | revenue exemption for small business, when it doesn't, it is
         | because big software corps lobbied for it to be that way to
         | prevent competition. This is worsened by the fact that big
         | software corps don't spend on r&d to the extent bell labs and
         | similar used to. So most of the r&d was small shops hoping to
         | get bought, but now this batch will get bought at cut rates to
         | pay the taxes, and the next batch won't arrive. R&D is only
         | asset investment for large corporations, for small shops it is
         | their actual product. And most software dev work doesn't come
         | close to being real research, even if maybe you had to read an
         | ieee paper to write up an algorithm, very few people are
         | writing those papers in comparison.
        
         | agwa wrote:
         | Do you think explicitly singling out software development for
         | unfavorable tax treatment while explicitly excluding oil and
         | gas exploration from the same treatment is "fair"?
         | 
         | https://www.law.cornell.edu/uscode/text/26/174 (c)(2) and
         | (c)(3)
        
         | aarondf wrote:
         | If a company has a million dollars in revenue and spends a
         | million dollars on the salaries of software developers, how
         | much tax do you think they should pay in that year?
         | 1,000,000 Revenue       - 1,000,000 Salary expense
         | -----------                 0 Profit
         | 
         | If you said "no taxes!" we're on the same page. The new law
         | would instead work like this:                   1,000,000
         | Revenue       -   200,000 1/5th Salary expense
         | -----------           800,000 Profit
         | 
         | Now the company must pay taxes on 800,000 of profit, because
         | "R&D salaries," which includes software devs, must be amortized
         | over five years.
        
           | hedora wrote:
           | Note that this is an infinity percent tax rate and mostly
           | only hits small businesses.
        
             | rootusrootus wrote:
             | > this is an infinity percent tax rate
             | 
             | Only if you consider just one year of it, though, unless
             | I'm missing something. You eventually get to deduct 100%,
             | just takes five years.
        
               | agwa wrote:
               | Only if the company still exists in 5 years time.
        
         | einarvollset wrote:
         | You know, if you don't understand something, it's totally fine
         | to not immediately comment with whatever your political
         | instincts tell you something might mean.
         | 
         | Or perhaps you have some fresh insight on how the Section 174's
         | changes (only passed to make the 2017 tax bill revenue neutral)
         | on amortization rules meaning only being able to deduct 20% of
         | salaries in the year paid is in fact totally fair and how maybe
         | all salary deductions should work like this?
        
       | geodel wrote:
       | Could that mean no more migrating code from Lang A to Lang B,
       | Framework C to Framework D and writing blogs about it?
       | 
       | Or even worse no more _framework_ inventions, re-architecting
       | SAAS platforms for _performance_ so they can provide even more
       | features that customers never asked for?
       | 
       | If that's the case I do feel it is indeed threatening startup
       | ecosystem.
        
       | nitrosn0w wrote:
       | I've been closely following this tax change for some time now and
       | I'm thrilled to see that major news publications are beginning to
       | cover this monumental change.
       | 
       | However, I haven't seen many companies step up to offer solutions
       | to address this change, except for Neo.Tax. Based on my research,
       | it appears that they're the only product in the market that's
       | specifically designed to address R&D capitalization.
       | 
       | Here are some helpful resources I've found about this topic:
       | 
       | https://www.neo.tax/blog/a-simple-guide-to-r-d-capitalizatio...
       | 
       | https://www.grantthornton.com/insights/alerts/tax/2022/insig...
       | 
       | https://bench.co/blog/tax-tips/rd-capitalization-guide/
        
         | hinkley wrote:
         | I hadn't been following it but now understand why my company
         | got weird about time tracking day one of this FY.
         | 
         | I thought it was some weird M&A or bean counter power move but
         | I guess it's taxes.
        
       | mbrameld wrote:
       | How long was the provision in place before Congress decided not
       | to extend it?
        
         | agwa wrote:
         | R&E expenses were fully deductible since 1954.
         | 
         | "Extend" is a bit of a misnomer because there was no expiration
         | date. Rather, the The Tax Cuts and Jobs Act of 2017 made a
         | change, effective 2022.
        
           | phoehne wrote:
           | To be fair, software development in 1954 is not software
           | development today. It's less pure research. It's more akin to
           | building the electrical infrastructure you need for a
           | business. Even though I see the logic of treating software
           | developed as a capitalized asset, I don't necessarily think
           | the outcome will be net good.
        
       | slavboj wrote:
       | Look up section 162 vs 174 treatment and the distinction between
       | "new companies" vs "carrying on a trade". It's far from
       | unambiguous and as long as you have a defensible position you
       | absolutely are entitled to push the envelope.
       | 
       | Is implementing a specification a REE "in the experimental or
       | laboratory sense"? I'd say it's not, and I don't have to explain
       | my position unless I'm audited.
       | 
       | https://www.law.cornell.edu/cfr/text/26/1.174-2
        
       | phendrenad2 wrote:
       | This is going to give huge amounts of power to non-software and
       | software-adjacent companies. Because their revenue doesn't come
       | from software, they'll be able to hire software developers to
       | work on dream projects and eat the cost.
        
       | Mountain_Skies wrote:
       | For software developers, this likely will lead to even more
       | micro-tracking of activities. Who doesn't love spending several
       | hours each week making up wild estimates of how much time was
       | spent in each of dozens of different categories? Now those will
       | have to be broken down further into 'new' and 'maintenance' for
       | most existing categories. For those who don't currently have to
       | do any of this tracking, the taxes create quite the incentive for
       | companies to start requiring it. Once the tracking starts, it end
       | up creeping into more and more areas of smaller fidelity.
        
       | mathgladiator wrote:
       | What I don't understand is why software developers salaries are
       | treated different than other salaries?
        
         | [deleted]
        
         | Nifty3929 wrote:
         | They're lumped in with Research and Development, which in
         | another more traditional context might make a bit of sense.
         | 
         | If you build a factory or apartment building, you don't get to
         | expense it all at once because it's a capital good and instead
         | you depreciate it over time, taking the expense little-by-
         | little. This kinda makes sense, because it's assumed that you
         | started with (often borrowed) all the money to build the
         | factory, but it's just a one-time expenditure. Then you get
         | ongoing revenue from it, which is offset by the ongoing
         | depreciation. It all works out.
         | 
         | In the IP world, you could think of drug development the same
         | way. We spend $1B to develop a drug, and then get income from
         | that drug down the line. Same deal, conceptually.
         | 
         | The main point is that there are two clear phases: 1. spend a
         | big pile of money to build something, then 2. get income from
         | it. In phase 1, you have a plan for how to fund all that from
         | the get-go. Often just a huge loan. And there is no income to
         | pay taxes on. By the time you get income and need to pay taxes
         | you'll have plenty, because you're not still paying to build
         | the thing.
         | 
         | But then with software it starts to break down. Following the
         | same model, you'd raise enough money to hire a bunch of devs to
         | build your software ALL THE WAY DONE, finish it (like a
         | factory), FIRE ALL THE DEVS because it's done, and then start
         | collecting income from the software. You funded all the
         | development up-front, and then by the time you're getting
         | revenue there's plenty for profit and taxes. In some ways,
         | LARGE companies do roughly do this.
         | 
         | But of course we know that's not how startup software really
         | works. For the most part, development is an ongoing effort that
         | never stops, and in the startup world you don't get funding all
         | at once up-front, you raise money as you need it, as you go
         | along. You're not going to raise $1B up-front to build an ml-
         | blockchain-chrome-extension thing. You spend a little, see how
         | it goes, maybe raise a little more and get a few more
         | customers, add a couple of features, raise a little more, etc.
        
           | tgflynn wrote:
           | If in your example you hired the construction workers as
           | employees and, for what ever reason, kept them on the
           | payroll, wouldn't you still be able to deduct the salaries
           | you pay them each year ?
           | 
           | If not it seems like a colassal disincentive to employment,
           | which is the opposite of the result usually sought by
           | government policies.
        
         | rowls66 wrote:
         | The argument is that the software developers are producing an
         | asset (the software) that will produce revenue over time. There
         | is an accounting principal to match revenue with expenses, so
         | if the software will produce revenue in the future, the expense
         | of developing the software should be delayed into the future to
         | match.
        
         | geodel wrote:
         | Seems it is because companies claim it is R&D. I am not sure
         | accountant's salary is in R&D category.
        
           | agwa wrote:
           | Companies don't have a choice. The law now requires
           | amortization of software development expenses. Even companies
           | that don't claim R&D tax credits are affected.
        
             | chatmasta wrote:
             | I'm not a CPA but I'm pretty sure companies have a choice
             | whether to claim Software Development as R&D expense, or as
             | regular payroll. It sounds like this change is only
             | affecting employers who were previously "saving" payroll
             | tax by classifying employee cost as R&D, and claiming "R&D
             | credits" which can no longer be amortized [0]. That is not
             | the default tax strategy of every tech company. There is no
             | law requiring companies to file for R&D credits. The
             | relevant changes under discussion only affect companies who
             | chose to file for R&D credits.
             | 
             | They should have known they were taking a risk by adopting
             | that strategy. At our company, we got a bunch of spam
             | emails offering to help us file for R&D credits - we just
             | ignored them and continued to pay normal payroll tax.
             | 
             | Searching my inbox for "R&D," it seems that Gusto was the
             | most prolific spammer in this regard - they sent dozens of
             | emails enticing us to save tens of thousands of dollars by
             | talking to their R&D tax specialists. They even included
             | case studies naming specific companies and how much they
             | "saved." In retrospect, that looks like a big oof.
             | 
             | [0] https://www.aprio.com/its-official-software-
             | development-incl...
        
               | agwa wrote:
               | You are sadly mistaken.
               | 
               | There are two different concepts at work here:
               | 
               | 1. R&D credits (IRC 41
               | https://www.law.cornell.edu/uscode/text/26/41). Companies
               | can choose whether or not to pursue R&D credits. This is
               | what Gusto was spamming you about.
               | 
               | 2. R&E expenses (IRC 174
               | https://www.law.cornell.edu/uscode/text/26/174) which as
               | of 2022 can no longer be fully deducted, but must be
               | amortized over 5 or 15 years. IRC 174 (c)(3) explicitly
               | states "any amount paid or incurred in connection with
               | the development of any software shall be treated as a
               | research or experimental expenditure." This applies
               | whether or not the company was treating software
               | development as R&D under IRC 41.
               | 
               | For more details, see
               | https://www.striketax.com/journal/tcja-and-the-resulting-
               | tax...
        
               | chatmasta wrote:
               | I'm not a lawyer nor a CPA, but my reading of that
               | Cornell link is that the definition only applies to
               | expenditures that the company deducts from their return
               | as R&D expenses, which, again - is not the default
               | strategy of every company.
               | 
               | Note this would also only affect profitable companies
               | (i.e., not most VC-funded startups), since there's
               | nothing to deduct if you didn't make enough profit to owe
               | tax in the first place (modulo some change in definition
               | of "profit" based on how software development must be
               | categorized - but still, this would only affect companies
               | with fairly significant revenue; it's not like hiring a
               | software developer suddenly costs 120% more than it did
               | last year.)
        
         | senko wrote:
         | Because they're not expenses (according to the bill), they're
         | investments in intagible property.
         | 
         | So it stays on the books, the net income isn't lowered, causing
         | a higher tax bill.
        
         | patmcc wrote:
         | They sort of are, and they sort of aren't.
         | 
         | If Ford builds a car factory, that's a capital asset - the
         | costs should be amortized against the useful life of the
         | factory. So if it costs $10 million and lasts for 10 years,
         | they can expense $1 million a year. Those costs will include
         | the salary of the workers to build the factory. The workers
         | inside the factory making the cars though, that's a cost that
         | matches to the revenue from selling those cars, so their
         | salaries are an expense, and they can be claimed in that year.
         | For most businesses, most of the time, they're producing work
         | product (or supporting that) to be sold as quickly as possible.
         | 
         | Now - when Microsoft writes Windows or Excel, or Epic makes
         | Unreal Engine, I think there's certainly an argument that it's
         | a capital asset they're making, and maybe costs should be
         | amortized over the useful life. I wouldn't even be surprised if
         | their accountants have claimed the same thing. Is that
         | universal across software dev? No. The problems with this
         | change are:
         | 
         | a) It allows no nuance. If I worked for 4 months on a game that
         | I expected to have zero sales outside the first year, I think
         | it's silly to call that a capital asset in any real way. Not
         | all software dev work makes capital assets. The janitor at the
         | Ford factory doesn't get his salary expense amortized, nor
         | should the bug fixer.
         | 
         | b) It's all taking effect in this year. Could have switched it
         | gradually over 10 years or something (you need to amortize x%
         | in year 1, 2x% in year 2, etc)
         | 
         | c) It's especially tough on small businesses. Microsoft can
         | borrow the cash and make it clear in financial statements that
         | this is a weird tax rule, but according to GAAP/accounting
         | rules it's fine. But a sudden big tax bill is really tough for
         | years 1, 2, 3 of a small business.
        
           | thfuran wrote:
           | >nor should the bug fixer.
           | 
           | Is a maintenance contract on a capital asset not capex?
        
             | patmcc wrote:
             | It depends. If you have a truck - capital asset - the oil
             | changes are probably opex, but replacing the transmission
             | is probably capex. Regular sweeping and cleaning of a
             | building is likely opex, upgrading the wiring capex.
             | Software I can certainly see getting tricky here - is
             | updating dependancies an oil change or a transmission?
             | 
             | "Betterment, restoration or adaptation" is the usual test
             | for something being capex.
        
               | thfuran wrote:
               | Fixing bugs sounds like betterment to me.
        
             | phoehne wrote:
             | My guess is a reported bug is opex, since it's fixing a
             | defect on something that exists. But adding an API would be
             | capex.
        
           | ipaddr wrote:
           | Software is an ongoing expense.
           | 
           | You spend a million a year each year you would have to break
           | that out over 5 years
        
           | flashgordon wrote:
           | Also with the factory analogy - unreal is the car factory and
           | you are like the worker who built the factory. (Asking out of
           | ignorance) The workers wages are not treated as a capital to
           | be amortized right?
        
             | Nifty3929 wrote:
             | For the factory - yes, your wages as a worker building the
             | factory would be treated as a capital expense to be
             | amortized, at least from the perspective of the factory
             | owner. But in the usual case where the owner is hiring an
             | outside contractor to build the factory, then from the
             | perspective of the contractor, your wages would not be a
             | capital expense.
             | 
             | The company that pays for the factory would basically just
             | pay $1B of capex for a factory. The contractor doesn't get
             | the factory - they get income. And your wages from them are
             | just an operating expense. The contractor is not making a
             | capital investment - they are just doing a job for money.
        
             | patmcc wrote:
             | Nifty3929 explains this well, let me just add that good
             | accounting rules try to minimize how much you can tweak by
             | "build" vs "buy". Like building a $1b factory or buying
             | one, if you intend to keep and use it to make cars, should
             | be treated broadly the same way.
             | 
             | If you bought a 10-year license to use Unreal Engine, you'd
             | amortize that out. If you instead built it (to use it!),
             | the same rules should (generally) apply to the expenses you
             | incur. If you build it to sell it...well, that gets
             | complicated, especially as it's tough to estimate the
             | useful life of software, and it's tough to say whether
             | certain costs are improvements or maintenance (which are
             | treated differently), etc.
             | 
             | Doing a sudden switch from salary costs being 100% expensed
             | to 100% amortized (over 5 years for domestic, _15_ years
             | for foreign) is really bad, it 's legitimately harmful for
             | a ton of small businesses in this space. But honestly
             | having it as 100% expensed is pretty silly. Hopefully this
             | gets fixed with a middle ground and a gradual switchover.
        
       | cj wrote:
       | I'm guessing that this will result in many employers reclassing
       | many engineers into COGS, S&M, G&A, etc (in other words, not
       | calling their work R&D).
       | 
       | This is relatively easy to do. If an engineer is fixing bugs,
       | helping support team, helping sales in any way, participating in
       | customer onboarding, keeping the servers online, etc, a company
       | can argue the engineer is a cost of doing business rather than
       | true "R&D".
       | 
       | In reality, the % of time most engineers spend exclusively on
       | 100% new products is much smaller than you'd assume at face
       | value. Even at a young startup, I'd guess at most 50% of the work
       | is true R&D.
       | 
       | To reiterate, things like devops, managing infrastructure,
       | patching servers, upgrading code, fixing bugs, professional
       | services, etc... none of that is R&D and it's pretty easy for a
       | small company to say that the majority of their engineering
       | expense is not R&D (extremely difficult for the IRS to argue
       | otherwise if they audit a company unless detailed timesheets are
       | kept).
       | 
       | Edit: I'm not an accountant, but pretty familiar with R&D / IRS
       | stuff
        
         | jaf656s wrote:
         | it would surprise me if the IRS would resolve this favorably
         | for you if your defense was "we didn't keep detailed
         | timesheets"
        
         | dafdaslkjvalk2j wrote:
         | We won't know where the line is until we get guidance from the
         | courts.
         | 
         | A lot of things in real estate that you might think qualify as
         | just maintenance actually have to be depreciated. Like,
         | repairing a roof has to be capitalized since the roof will be
         | around for awhile. The devops equivalent might be migrating
         | from docker swarm to k8s-- the k8s cluster will be around for
         | awhile.
        
           | Aperocky wrote:
           | > the k8s cluster will be around for awhile.
           | 
           | without someone maintaining it, it would probably fail by the
           | end of month. That's not considering the constant changes
           | going into it.
        
           | throwaway9980 wrote:
           | The average roof has a lifespan at least an order of
           | magnitude greater than a k8s cluster. Most roofs being put on
           | today will outlast k8s itself.
           | 
           | Software is a liability, not an asset. Treating the
           | construction and maintenance of this horrible liability knows
           | as "code" is a complete misunderstanding of what software
           | actual is.
        
             | fdsalkjfdlkj wrote:
             | It's just an example. Another is paint. The rule is close
             | to but not exactly "if it lasts more than a year it has to
             | be depreciated instead of expensed."
             | 
             | The book value of the k8s work could be completely expensed
             | as soon as it is replaced.
             | 
             | Also, your belief that "software is a liability" is
             | irrelevant. What matters is that tax law calls software an
             | asset (as does most everyone else, even ones who
             | fundamentally understand it).
        
             | jeremyjh wrote:
             | If the software makes money for the business, it is an
             | asset.
        
         | albrewer wrote:
         | https://www.law.cornell.edu/uscode/text/26/174
         | 
         | > 26 U.S. Code SS 174(c)(3):
         | 
         | > (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.
        
           | phoehne wrote:
           | My guess is they'll treat it like repairs and improvements on
           | physical equipment. Fix a broken calculation, that's opex.
           | Add an API for better Google integration, that's capex.
        
         | whitemary wrote:
         | "New product" is a distinction without a difference. Literally
         | all software development efforts are in the interest of "new
         | products" depending on your definition of "new product."
        
           | rcme wrote:
           | How is fixing a bug in the interest of a new product?
        
             | oldmanhorton wrote:
             | It's a bit strained, but car or TV companies often put out
             | a new model that's identical to the old model +- some but
             | fixes. There's a line somewhere but the law does not
             | specify the line, it seems
        
               | crazygringo wrote:
               | Exactly. v4.2.34 is a new product compared to v4.2.33.
               | 
               | Not defending this, but in the eyes of the law there's no
               | distinction between products and features and bug fixes.
        
             | ajmurmann wrote:
             | Leaving arguments about new patch releases out, how could
             | we practically track this? Would every engineer log the
             | time they work and track feature work separately from bug
             | fixes?
        
               | paulddraper wrote:
               | There are already tax credits available to "new
               | development" that doesn't include fixes.
               | 
               | So this isn't a new thing to track
        
       | chrischen wrote:
       | The US was practically founded on principle of refusal to pay
       | unfair taxes. As the article suggests some are just filing
       | incorrectly, what are the real risks and consequences of this?
        
         | taxopinion wrote:
         | > As the article suggests some are just filing incorrectly,
         | what are the real risks and consequences of this?
         | 
         | Provided you never used an R&D tax credit, none.
         | 
         | But if you did, with a huge templated report report about
         | software R&D, you have a verbatim provable record of doing R&D
         | expenses. And those reports, they come from 10 different
         | vendors who all use the same words and formatting. The IRS
         | could easily solve one case and get everyone.
        
           | ilandsman wrote:
           | Just to clear this up, this change is unrelated to if you've
           | taken the R&D credit. You should take it as it slightly helps
           | offset this change, but regardless the calculation applies to
           | dev salaries and costs without regard to if you've actually
           | taken the R&D credit.
        
         | dennis_jeeves1 wrote:
         | >The US was practically founded on principle of refusal to pay
         | unfair taxes
         | 
         | What exactly is a fair tax?
        
           | jokethrowaway wrote:
           | No tax is fair. They're all involuntary transactions.
           | 
           | The US is the textbook experiment which proves that even
           | minarchy (a minimal government) can't work.
           | 
           | All form of governments, no matter how small, tend to grow
           | into huge socialist monsters (the usa is the largest employer
           | in the world, second only to China, maybe).
           | 
           | Even if that very first government was founded on not
           | collecting very little taxes for this very reason.
        
             | mschuster91 wrote:
             | > All form of governments, no matter how small, tend to
             | grow into huge socialist monsters (the usa is the largest
             | employer in the world, second only to China, maybe).
             | 
             | The USA have 330 million citizens and 10 million people
             | without valid residency, in total something around 340
             | million citizens. The public sector clocks in at 15%, which
             | includes the military and USPS. That is, seriously, _not
             | much_.
             | 
             | [1] https://www.brookings.edu/policy2020/votervital/public-
             | servi...
        
               | hartator wrote:
               | U.S. total public spending is around 40% of the GDP. [1]
               | 
               | [1] https://www.imf.org/external/datamapper/exp@FPP/USA/F
               | RA/JPN/...
        
               | hinkley wrote:
               | It's sort of like how when developers learn how much they
               | cost the company per hour and they get mad about how they
               | don't get to take more of that home.
               | 
               | Well, say you work at a company with 100 developers.
               | That's who's making the stuff. Everybody else is there to
               | make sure the stuff gets made. There's a manager for
               | every 6-8 developers (13-17), and there's a couple
               | managers for those managers. Add in HR and you're already
               | up to about a 25% overhead and we haven't talked about
               | equipment and buildings and customer management and
               | advertising and litigation and taxes and so on and so
               | forth.
        
           | yonaguska wrote:
           | By the founders definitions? At least 90 percent of the taxes
           | we pay are not fair.
        
             | dennis_jeeves1 wrote:
             | I was thinking more along lines of 100% ... But hey, point
             | taken taken, we are generally in agreement.
        
             | mellavora wrote:
             | What percentage of the services provided by today's
             | government were not around at the founding?
             | 
             | I'd very much like to see government downsize, but if you
             | want to pay taxes at the level at which the country was
             | founded, you also have to restrict government activity to
             | that level.
             | 
             | Not sure if that is tenable.
        
           | olyjohn wrote:
           | Any tax others have to pay, that I don't.
        
         | ceejayoz wrote:
         | > The US was practically founded on principle of refusal to pay
         | unfair taxes.
         | 
         | Unfair because of _lack of legislative representation_. One can
         | get into a debate over gerrymandering and whatnot, but American
         | voters most certainly aren 't an overseas colony under an
         | unelected king/queen anymore. There is non-rebellion recourse
         | available to citizens if they don't like a tax.
         | 
         | The newborn country (including President Washington himself at
         | the head of the army) very rapidly demonstrated it wouldn't
         | accept "we don't like the tax" as an argument from
         | _represented_ citizens.
         | https://en.wikipedia.org/wiki/Whiskey_Rebellion
        
       | phoehne wrote:
       | There's actually a pretty good argument to treat software as
       | capex. It's an asset that allows you to earn revenue over
       | multiple years, and apportioning part of the cost to each year of
       | service is sound from the accounting side. Not a popular opinion,
       | but this is not as arbitrary, crazy, or hidden deep in the weeds
       | of tax law.
        
         | coldcode wrote:
         | It's not that that argument has no reason, it's that it is
         | suddenly dumped on people without any ability to adjust.
         | Similar to a car slowing to 0 from 60 mph over a minute is no
         | problem, going from 60 to 0 in zero time is.
        
           | phoehne wrote:
           | I think it was part of the horse trade for the 2017 tax cut?
        
         | Fire-Dragon-DoL wrote:
         | I thought about that, but it's also true that most software
         | without any developers maintaining it goes stale in 1 or 2
         | years at most. I'm not sure if amortizing it over 5 years is
         | reasonable.
        
           | phoehne wrote:
           | The same is true for other things you amortize and those
           | maintenance costs are opex. If you don't change the oil,
           | filters, spark plugs, etc. on your delivery trucks, they will
           | break down before the end of their service life. Stale is not
           | the same thing as useless. You might get bored by a game, or
           | find the interface "old", but in enterprise environments, 10
           | year old software is very common. Heck, 90% of your
           | transactions run on a platform first developed in the early
           | 1960's.
           | 
           | The 5 year is arbitrary. Arguably, software doesn't really
           | break or wear out, so the service life is arbitrary. (That's
           | not to say that the OS it's running on doesn't break it
           | during an update). 5 years matches the life of the
           | capitalized equipment on which it runs. I don't have any
           | insight as to the debate around 5 years, but my guess is
           | computers are a 5 year asset.
           | 
           | My guess is the rules apply from other assets, where fixes to
           | bugs and minor updates are opex as maintenance costs. If you
           | make a major change that extends the life of the asset, such
           | as remastering a game or refreshing the UI, or adding a
           | feature, might be capitalized. This would be like adding a
           | lift to a delivery truck or replacing the engine to extend
           | its life.
        
             | erik_seaberg wrote:
             | I happen to work on a system that launched more than five
             | years ago, which at my company is pretty unusual (without
             | at least one full rewrite). The teams working on
             | generalizing use cases and new features have _expanded_
             | every year since launch. Amortization makes sense for
             | spreading out the tax deductions on an investment whose
             | cost is fully front-loaded, but not on an investment whose
             | cost is incremental and continually increasing over the
             | entire lifetime.
        
               | phoehne wrote:
               | This is not that uncommon. It's a headache for the
               | accounting, but if the change materially extends the life
               | of the asset or improves the asset, then it has to be
               | capitalized. So the schedule would look like 1,000,000
               | for the original asset. Then depreciated 200,000 for the
               | next year, taking it to 800,000 net of amortization.
               | 150,000 of work is added and capitalized. The next year
               | there's 200,000 of depreciation expense plus 30,000 from
               | the improvements. The same thing happens to other assets.
               | If you do it long enough, you amortize off the original
               | investment and what you are amortizing/depreciating are
               | the improvements.
        
               | erik_seaberg wrote:
               | If we spent $1M in year one, we are surely going to spend
               | _more_ than $1M in year two because the same teams keep
               | working and hiring, and we are incrementally building a
               | system whose fully delivered cost as of its last day will
               | be over $5M.
        
               | phoehne wrote:
               | The costs are usually capitalized until the asset is put
               | in service and the amortized expense of the asset plus
               | any maintenance can be matched to the revenue in that
               | period. This is not different than a building that takes
               | years to complete, or even completed in stages when you
               | could have construction and occupancy going on at the
               | same time. The accounting treatment as an asset doesn't
               | require it to be completely built in a year, but until
               | there's revenue to which expenses can be matched, you
               | capitalize the construction/acquisition cost.
        
         | Aperocky wrote:
         | The argument only exist because the one who made the argument
         | has never written a line of code in their entire life.
         | 
         | You don't expect the warehouse to grow rooms and additional bay
         | with each passing year. The warehouse is a capex, the software
         | you bought and expecting to be supported down the line isn't.
        
           | phoehne wrote:
           | Really, you've never seen a warehouse complex get added to,
           | or a building retrofitted with new loading docks or
           | refrigerators? Hospitals are notorious for growing like a
           | friggin' plant. They just keep adding wings.
        
         | brentm wrote:
         | Couldn't you say that about the salary of any employee working
         | on a long term project?
         | 
         | I think the problem is having essentially a tax on software
         | development could discourage some investment in that area
         | especially from the smaller companies that could benefit the
         | most.
        
           | phoehne wrote:
           | There are a few tests for whether or not something is
           | capitalized.
           | 
           | First, the revenue is earned in future accounting periods.
           | For example, you buy a delivery truck. You expect to earn
           | money over several years with the delivery truck. To match
           | expenses with the revenue generated, a portion of the expense
           | of the truck is allocated to each accounting period. If the
           | revenue is in the current period, then there's no reason to
           | capitalize. For example, fast food worker's wages are not
           | capitalized since the revenue is in the current period. The
           | warehouse construction worker's salary is capitalized int he
           | cost of the warehouse because it will earn revenue for
           | several years.
           | 
           | Another test is if it's assignable to the cost of the asset.
           | The CFO's salary isn't capitalized as part of the investment
           | (unless the company literally does nothing else), because
           | there are a lot of projects and it's hard to specifically
           | assign. Selling expenses aren't capitalized because 1) the
           | asset is complete and 2) they are assignable to the sale and
           | not the cost of the asset. Other costs to acquire the asset,
           | such as delivery fees, installation fees, insurance, etc. are
           | capitalized.
           | 
           | Do you own the asset? If I hire a construction company to
           | build a warehouse, they hae nothing to capitalize since they
           | don't own the asset. I do.
           | 
           | And material. If I have you write a shell script that we'll
           | use for the next five years to copy backups between our
           | servers and Azure, and it takes an afternoon, we don't
           | capitalize that. It's just not material.
           | 
           | If it's leased for 90/95% of the cost and for 90/95% of the
           | useful life, it's capitalized. This prevents companies from
           | treating capitalized costs as leasing expenses in the current
           | period.
        
         | youngtaff wrote:
         | Amortising software development is just stealing from the
         | future
         | 
         | It's what software companies do to make themselves seem
         | profitable than they are
        
           | phoehne wrote:
           | Actually, not amortizing makes them seem more profitable. At
           | the end of the life of the asset, the totals are the same.
           | However, under one model you show a giant loss, initially,
           | and then profits for the next few years. If I expense the
           | $1,000,000 in the year of acquisition, and show a 1,000,000
           | loss, I then show my revenue as pure profit. Instead, if I
           | have to amortize, I show no loss my first year (because the
           | cost is on the books as an asset), but profit in future years
           | only when my revenue exceeds 200,000 (1/5 the acquisition
           | price). This is how all other assets that earn revenue over
           | multiple accounting periods are handled. Why should Ford have
           | to capitalize a welding robot, but not the software developed
           | to control the welding robot?
        
       | keeptrying wrote:
       | If there was one useful thing a !@#!@#! VCs could do is help
       | police things like this.
       | 
       | Grumble grumble
        
       | nitrosn0w wrote:
       | If you're interested in learning more about this topic, check out
       | this R&D capitalization guide Neo.Tax put out.
       | https://www.neo.tax/blog/a-simple-guide-to-r-d-capitalizatio...
        
       | anonymouse008 wrote:
       | Cool - so I made a script that automates emails to outbound
       | leads, does this mean my capital asset allocation is my _full
       | commission_ since it is the software by which I made the sale? So
       | even my normal SGA is now a capital expense?
       | 
       | The law reads as this as a capital expense (anything to do with
       | software [0]) - the IRS could use agency level logic to make it
       | different, but all this exposes what's wrong with the US.
       | 
       | What about chatGPT scripts? They too are connected to software
       | and now a part of almost every workflow?
       | 
       | [0]
       | https://irc.bloombergtax.com/public/uscode/doc/irc/section_1...
        
       | DanAtC wrote:
       | Previously https://news.ycombinator.com/item?id=34627712
        
       | armatav wrote:
       | Ah, the mythical "regulatory capture" I keep hearing about
        
       | sharemywin wrote:
       | This seems like a great way to push all your development off
       | shore.
        
         | aarondf wrote:
         | It's worse if you push it off shore, actually. Overseas
         | salaries are amortized over 15 years instead of five.
         | 
         | > The new Section 174 rules require taxpayers to capitalize and
         | amortize specified R&E expenditures over a period of five years
         | (attributable to domestic research) or 15 years (attributable
         | to foreign research)
         | 
         | https://www.grantthornton.com/insights/alerts/tax/2022/flash...
        
       | bbarn wrote:
       | If not corrected, the long reaching impact of this could snowball
       | very badly in some places. Look at areas in California, which are
       | largely economies based on software development. If taxes cause
       | those businesses, and jobs to disappear, the impact to
       | unemployment, housing markets, etc. could be quite dire in some
       | areas.
       | 
       | Even in large business, it could make life for engineers harder.
       | Sure, the business can weather the change, but any amount of
       | excess staff? Tax liability now and no longer a write off that
       | can offset other income taxes. I think it's short sighted to view
       | it as a small business only problem.
       | 
       | Which, might actually help it get resolved faster.
        
       | Osiris wrote:
       | Why are software developer salaries classified as R&D expenses?
        
         | cryptonector wrote:
         | R&D == research and development. Now, what do software...
         | developers... do?
        
           | jeffwask wrote:
           | Not research and development in the traditional sense which
           | was tied to the creation of a new product, drug, etc. It was
           | intended to offset the cost and risk of invention.
           | 
           | I would not describe what most software engineers do as
           | invention.
           | 
           | Applying this broadly to most software engineers, many who
           | are now more akin to digital plumbers than research
           | scientists, was a lucky break for however long it lasted.
        
             | HEmanZ wrote:
             | I think the issue is that for much software it's not a
             | clear distinction.
             | 
             | For a few years of my career, I spent about half of my dev
             | time improving a gigantic distributed system. Much of this
             | work was inventing a new algorithm somewhere in the stack,
             | A/B testing it to see what effects it had, and repeat. Lots
             | of algorithm papers and patents came out of it. At the same
             | time, I also had to keep the systems running well enough to
             | do this, and technically no new customer "product" came out
             | of it (although some open source database features did).
             | 
             | Is this R&D? Seems like much is, and much isn't. What do
             | you want to incentivize?
        
               | c-hendricks wrote:
               | > What do you want to incentivize?
               | 
               | An environment where Americans correctly classify R&D
               | instead of just saying everyone's an engineer doing R&D?
        
         | rmah wrote:
         | Simply put, they are not. Unless you want them to be.
         | Previously, there were some situations which made doing so
         | favorable. Now, there are not.
         | 
         | I don't know how contracted/outsourced development payments
         | (i.e. non-employee compensation) will be treated.
        
       | aibrahima wrote:
       | the good news: your tax strategy *can be optimized* against this
       | new tax change.
       | 
       | full disclosure: im the ceo of neo.tax (https://www.neo.tax/)
       | 
       | we anticipated this tax change and built (the only) solution for
       | it, because we unfortunately didn't have enough faith in congress
       | to repeal it. there's still a small chance it gets repealed, but
       | headwinds have only increased.
       | 
       | i'll try to offer some perspective to help, without being self-
       | serving (though, candidly, we are more than happy to -- and can!
       | -- help everyone)
       | 
       | the good news: your tax strategy *can be optimized* against this
       | new tax change:
       | 
       | 1. balance the impact of capitalization with the benefits of r&d
       | tax credits
       | 
       | r&d is simultaneously punished with capitalization and rewarded
       | with credits ...and to varying degrees! -- depending on revenues,
       | expenses, NOLs, etc. the only way to get the optimal tax strategy
       | is to solve both at the same time.
       | 
       | in recent years, startups have been claiming the r&d credit
       | against payroll taxes, which was subject to a $250k/yr limit and
       | stopped once you hit $5m in revenue.
       | 
       | it did not make much sense in the past to claim an r&d credit
       | against income taxes, as most startups aren't profitable and
       | simply didn't have income taxes to offset. but now -- and this
       | blows -- nearly every startup has income taxes to offset.
       | 
       | 2. the irs hasn't offered too much guidance on how this tax
       | change works.
       | 
       | for most CPAs, this is a bug. but really, you should think of it
       | as a feature. understanding the black and white rules (guidance)
       | permits you to navigate them. surprisingly, this leaves a decent
       | amount of room for tax strategy to do its thing. the irs has no
       | problem that you take full advantage of every tax advantage, as
       | long as you report everything accurately, transparently,
       | consistently.
       | 
       | 3. don't half-ass this: there's extra scrutiny because the irs
       | knows its a big pain point
       | 
       | the key here is documentation, substantiation, and rigor.
        
         | sudohalt wrote:
         | Thanks!! This is very informative
        
       | alex7734 wrote:
       | Seems like a perfect way to prevent software companies from
       | quickly growing their engineer count.
       | 
       | The question is, was this done on purpose?
        
         | brentm wrote:
         | It was done as part of the Tax & Jobs Cuts Act of 2017. It was
         | probably partly done to help offset some of the taxes that were
         | being cut.
        
       | htrp wrote:
       | Talk about doing your lobbying in public
        
       | [deleted]
        
       | elzbardico wrote:
       | So, cui bono?
       | 
       | Bigger, stablished companies, for them, this is just an anoying
       | accounting rule, but they surely have the cashflow to sail
       | smoothly over it.
       | 
       | Who is fucked? Workers and small, new companies, and absolutely
       | terrible news for job seekers.
       | 
       | For anyone not living under a rock, it is pretty clear that this
       | was not an accidental decision.
        
       | m1117 wrote:
       | Why the taxes are only growing and never go down? Is there going
       | to be a day when they'll be like "We'll reduce taxes"?
        
         | meowtimemania wrote:
         | Lots of politicians campaign on tax cuts, they've definitely
         | been reduced in US history
        
       | aarondf wrote:
       | (I put this in a reply further down, but bringing it to the top)
       | 
       | Previously if a company has a million dollars in revenue and
       | spends a million dollars on the salaries of software developers,
       | this is how their taxable income might look:
       | 1,000,000 Revenue       - 1,000,000 Salary expense
       | -----------                 0 Profit
       | 
       | The new law would instead work like this:
       | 1,000,000 Revenue       -   200,000 1/5th Salary expense
       | -----------           800,000 Profit
       | 
       | Now the company must pay taxes on 800,000 of profit because "R&D
       | salaries," which includes software devs, must be amortized over
       | five years. Obviously the company has no wherewithal to pay,
       | given that they made a million and spent a million. That's the
       | problem.
        
         | foobarbazetc wrote:
         | Also: this specifically singles out software development for
         | ??? reasons.
         | 
         | Office Manager: 100% expense.
         | 
         | Software Engineer: 20% over 5 years (actually only 10% for the
         | first year).
         | 
         | If they're international then 6.67% over _15_ years.
         | 
         | Not only that, but the effect "stacks" over the years.
         | So year 1:            1,000,000       - 100,000
         | -----------------         900,000 Profit            Year 2:
         | 1,000,000       - 200,000       - 200,000       - 100,000
         | -----------------         500,000 Profit            Year 3:
         | 1,000,000       - 200,000       - 200,000       - 200,000
         | -----------------         400,000 Profit            Year 4:
         | 1,000,000       - 200,000       - 200,000       - 200,000
         | - 200,000       -----------------         200,000 Profit
         | Year 5+:            1,000,000       - 200,000       - 200,000
         | - 200,000       - 200,000       - 200,000
         | -----------------               0 Profit
         | 
         | By the time you get to year 5, you've paid tax on $2,000,000 of
         | phantom profits you never had.
         | 
         | If you're a C Corp that's $420,000 in extra federal taxes (plus
         | whatever state tax).
         | 
         | If you're a smaller company you're probably a S Corp and
         | federal and state tax could be ~50% passed through to your
         | personal return.
         | 
         | How any owner survives that, I'm not sure.
        
         | gorkish wrote:
         | There are means to offset, defer, and reduce tax burden that
         | you also get from doing R&D, so honestly the change in the way
         | the salary is treated is somewhat balancing these other tax
         | benefits that startups are also taking. It's a balancing change
         | to a larger system, not a targeted change to screw startups. A
         | comparison over just Year #1 is disingenuous.
        
           | aarondf wrote:
           | Let's say you have to pay 30% tax on 800,000 of profit, so
           | now you're 240k in the hole. That's your year one! If you
           | don't survive to take the future deductions it's kinda moot
           | right?
        
           | mjwhansen wrote:
           | Only a small portion of activities count as R&D for R&D tax
           | credit purposes. R&E is a much bigger category and where the
           | problem lies. This write up has a good graphic showing the
           | magnitude (scroll halfway)
           | https://www.striketax.com/journal/tcja-and-the-resulting-
           | tax...
        
         | majormajor wrote:
         | After 4 years are you back to where you started? With the fifth
         | year stacking on top of the other 200K chunks from the first
         | four years?
         | 
         | (If your hiring keeps accelerating I guess not, so major
         | scaling of your team would seem to be discouraged by this
         | change.)
        
           | pclmulqdq wrote:
           | Assuming everything stays the same, this rule actually
           | results in marginally lower tax burden (since progressive
           | income tax means that 5 years of tax at $800k < 4 years of
           | tax at $1 million). Assuming that it changes, no. In a worst
           | case scenario, you may be paying a lot more if you do most of
           | your development in a peak year and then lose the revenue
           | stream later.
        
             | majormajor wrote:
             | I would assume you aren't laying off your whole staff after
             | year 1, so the comparison if costs stay the same seems like
             | this instead?
             | 
             | Old:
             | 
             | Year 1: 0 Profit
             | 
             | Year 2: 0 Profit
             | 
             | Year 3: 0 Profit
             | 
             | Year 4: 0 Profit
             | 
             | Year 5: 0 Profit
             | 
             | New:
             | 
             | Year 1: 800K Profit
             | 
             | Year 2: 600K Profit
             | 
             | Year 3: 400K Profit
             | 
             | Year 4: 200K Profit
             | 
             | Year 5: 0 Profit
             | 
             | E.g. stack another amortized round of annual salary each
             | time.
             | 
             | Even if revenue stays the same but costs increase, your
             | Year 5 total for each is "X Profit" where X is the amount
             | of revenue delta from Year 1 to Year 5?
             | 
             | If rapid hiring growth followed by layoff scenarios, you
             | are worse off here: you pay the tax on the hiring boom for
             | at least the first year or two before your revenue might
             | drop enough to make it not matter?
             | 
             | If you're further away from profitability, it's maybe still
             | a wash.
             | 
             | Hire up to 10 Million in salaries in 1 year, but your
             | revenue after 2 years is just 4M - you're still under the
             | window. You only get hit by the difference in the bill if
             | your revenue accelerates a lot (which is an OK problem to
             | have)?
             | 
             | So on one hand it seems like it could reduce poorly planned
             | impulse hiring by spreading out the costs, but on the other
             | hand the "run big losses until we make it" plan is less
             | affected anyway because of the "big" in "run big losses"...
             | so it seems to hurt the sustainable folks more in that
             | case.
        
               | jdmichal wrote:
               | The flipside is that that 5-year amortization continues
               | even if you did fire everyone, right? Because the costs
               | already happened. So if we consider forward from year 5
               | of your example, with everyone being fired at year 5:
               | 
               | Old:
               | 
               | Year 6: 1000K profit
               | 
               | Year 7: 1000K profit
               | 
               | Year 8: 1000K profit
               | 
               | Year 9: 1000K profit
               | 
               | Year 10: 1000K profit
               | 
               | New:
               | 
               | Year 6: 200K profit (End of year 1 amortization)
               | 
               | Year 7: 400K profit (End of year 2 amortization)
               | 
               | Year 8: 600K profit (End of year 3 amortization)
               | 
               | Year 9: 800K profit (End of year 4 amortization)
               | 
               | Year 10: 1000K profit (End of year 5 amortization)
               | 
               | Of course this "wind-down" period is unhelpful if you're
               | actually shuttering the business...
        
               | taxopinion wrote:
               | You didn't generate an additional $1m in revenue in years
               | 2-5. So in a situation where you get paid a $1m contract
               | once, and pay $1m in salaries every year, here's what
               | happens.
               | 
               | Year 2022: $1m revenue, -$1m expenses amortized to $200k:
               | $800k profit, approximately 20% ($160k) is paid to tax.
               | 
               | Year 2023: -$1m expenses amortized to $200k, previous
               | year's $200k: -$400k loss, carryforward. You cannot
               | carryback 2023 losses to 2022 taxes.
               | 
               | The carryback is how Congress will resolve the issue for
               | people who paid the tax.
               | 
               | The dispute is that you paid $160k in tax in year 1. Is
               | that inefficient? In my opinion, it is. You paid $1m in
               | salaries!
        
             | jdminhbg wrote:
             | > (since progressive income tax means that 5 years of tax
             | at $800k < 4 years of tax at $1 million)
             | 
             | This is corporate tax, not income tax, so is not
             | progressive.
        
               | pclmulqdq wrote:
               | It's not progressive as of 2018, but it may return to
               | being progressive over the next 5 years.
        
               | jdminhbg wrote:
               | It might, or it might be cut across the board, meaning
               | you paid more by having profit recorded during a time of
               | higher rates. Congress can do anything with those rates.
        
           | pcthrowaway wrote:
           | At the same time, wouldn't it discourage reducing headcount
           | (or at least headcount expenditure) for companies with
           | roughly flat or linear revenue growth (see all the big tech
           | layoffs), because you'd be paying more in taxes next year,
           | etc. ?
           | 
           | edit: never mind, I completely misunderstood. It really only
           | seems to harm "moonshot" companies; big tech and sustainable
           | companies appear to be largely unaffected. If anything they
           | may benefit as it will be more costly for upstarts to try
           | competing
        
         | medellin wrote:
         | I was wondering how the end of highly paid engineers like
         | myself would come to an end. Maybe this is it.
        
         | dpifke wrote:
         | Even worse: amortization under SS 174 begins at the mid-point
         | in the year in which the expense was incurred, so it's actually
         | 1/10th salary expense in the first year (6/60 months).
         | 
         | I have a favor to ask HN: is there anyone going through this
         | that would be willing to share a redacted version of their
         | accounting change statement[0] required to comply with this law
         | by Rev. Proc. 2023-11? It's not at all clear to me (not a CPA
         | or tax lawyer, but normally perfectly capable of doing
         | bookkeeping/accounting for my single-member LLC) how specific
         | _" (D) a description of the type of expenditures included as
         | specified research or experimental expenditures"_ is supposed
         | to be. I filed an extension today because I'm now second-
         | guessing what I wrote; my Google-fu has thus far turned up zero
         | examples of a CPA-blessed version of this statement. (Probably
         | because one of the other statutory requirements is that it
         | includes the taxpayer's identification number.)
         | 
         | [0] Rev. Proc 2023-11: https://www.irs.gov/pub/irs-
         | drop/rp-23-11.pdf [PDF]
        
         | Terretta wrote:
         | Ok, but in year five, it would look like this again:
         | 1,000,000 Revenue         - 1,000,000 1/5 Salary expense x 5
         | years rolling         -----------                   0 Profit
         | 
         | So really, it's removing (deferring, or peanut buttering) the
         | startup and ramp up "invent new things" subsidy, while not
         | really affecting steady state R&D if you're not growing talent
         | ahead of revenue.
         | 
         | So even in year 5, it's an adverse incentive for putting
         | new/more talent to work.
         | 
         | Even big business may not be able to make as many growth
         | project budgets work.
        
           | whimsicalism wrote:
           | Startup subsidy?
           | 
           | This seems to be penalizing competition and new competitors,
           | for literally no reason.
        
             | RhodesianHunter wrote:
             | No reason? Regulatory capture is the reason.
        
           | robomartin wrote:
           | No
           | 
           | Year one: You go broke. Everyone loses their jobs. You file
           | for bankruptcy. Game over. There is no year 5.
        
             | ricardobayes wrote:
             | European software companies don't go broke and AFAIK they
             | have 0% tax credit for salaries (in most countries, I know
             | there are some R&D schemes in UK).
        
               | l33tman wrote:
               | In Sweden, salaries are 100% deductible. You pay company
               | taxes on the profit you make. There is an _option_ to
               | capitalize some R &D expenses if you can show that they
               | are directly responsible for a future asset that you can
               | set a value on (like, a startup where all engineers work
               | on a single product).
        
               | JamesBarney wrote:
               | You think European software companies count software
               | engineering salary expenses as profit that they are taxed
               | on?
        
               | coldtea wrote:
               | > _European software companies don 't go broke_
               | 
               | They don't do that well either. Which is perhaps why the
               | biggest ones are all American
               | 
               | > _they have 0% tax credit for salaries_
               | 
               | At least in some countries I know that's totally wrong,
               | but depends what you mean by "credit". Salaries are
               | expenses, are not counted in profit.
        
               | kgwgk wrote:
               | > 0% tax credit for salaries
               | 
               | I don't think that's what's being discussed here. The
               | question is whether salaries are (completely) expensed
               | immediately (reducing profits) or whether they are
               | (partly) capitalised (which will reduce profits later but
               | not now).
        
               | aarondf wrote:
               | We're not talking about a tax credit at all though...
               | We're talking about being able to deduct salaries paid.
               | 
               | A tax credit is usually an incentive, like if you spend
               | 10k on solar panels you get to deduct the 10k and then
               | the government might say "hey thanks for pushing
               | renewable energy, deduct an extra 2k from your tax bill."
               | That's a credit, which we're not discussing here.
        
           | uoaei wrote:
           | Unconstrained growth is not tolerated anywhere else, but
           | somehow people bend over backwards to explain how actually
           | any constraints on business growth are Very Bad And Evil.
        
             | AnotherGoodName wrote:
             | Unsustained growth is just one type of growth though and
             | this affects all growth so I don't see you point as
             | relevant here.
        
           | taxopinion wrote:
           | The lack of specificity in your little table should
           | illuminate for you why this is such a complex issue to
           | comprehend. I understand there is some fictional, meaningless
           | interpretation hidden inside your head where that table is
           | "right," but for all normal interpretations, it's wrong.
        
         | cj wrote:
         | IANAA, but very important to remember that:
         | 
         | 1) R&D classification of a single employee should be a
         | percentage. Accountants don't list employees one by one on a
         | tax return, they're grouped together and a percentage of their
         | wages can be allocated to different functions of a business
         | outside of R&D.
         | 
         | 2) A lot of things do not qualify as "R&D". For example...
         | 
         | - Fixing bugs
         | 
         | - Maintaining existing features
         | 
         | - Improving existing features (even enhancing functionality)
         | 
         | - Building a feature because sales promised it to a customer
         | 
         | - Refactoring code
         | 
         | - Anything related to devops/infrastructure, upgrading servers,
         | updating dependencies
         | 
         | - Anything related to customer support, onboarding or retention
         | 
         | - Anything related to helping Sales/Marketing close new
         | business or get more leads
         | 
         | - Anything related to supporting day-to-day business operations
         | 
         | I'm not an expert, but I think it will be relatively easy for
         | accountants to do some magic behind the scenes by classifying
         | only a small percent of wages toward R&D.
         | 
         | I think the average engineer spends less than 20% of their time
         | on "true" R&D, and if that's the case, 80% of wages can be
         | deducted as an expense without amortizing.
        
           | hinkley wrote:
           | It would be interesting if this reintroduced "10% time" with
           | strict wording about not working on R&D in your 90% time.
           | Just to simplify the labor involved in calculating it.
        
           | ativzzz wrote:
           | > I think the average engineer spends less than 20% of their
           | time on "true" R&D
           | 
           | Based on all of the items in #2, the average software
           | engineer spends close to 0% of their time on R&D - with rare
           | exceptions for those working on cutting edge tech, in
           | research roles or maybe super senior engineers figuring out
           | how to solve complex technical problems
           | 
           | The rest of us just write code and sit in meetings
        
           | dahfizz wrote:
           | Do you have a source for this? The law seems pretty clear to
           | me:
           | 
           | > 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
        
             | nokcha wrote:
             | I guess there might be a distinction between "development"
             | of software and "maintenance" of software (e.g., bug
             | fixing, refactoring, etc.)?
        
               | bcrosby95 wrote:
               | Lol. It was literally a bunch of politicians trying to
               | force through something, and this was a budget trick they
               | could use to get it through. Do you really think any of
               | them were thinking through the finer nuances of software
               | development?
        
             | grumple wrote:
             | There's a very important clause immediately before that
             | though: "For purposes of this section".
             | 
             | Also the parent clause says: "In the case of a taxpayer's
             | specified research or experimental expenditures for any
             | taxable year--"
             | 
             | So just don't specify the expenditures as research or
             | experimental if you don't want this section to apply.
        
         | chrisfosterelli wrote:
         | There's a lot of attacking in this thread from people who
         | haven't bothered to think about the math. It's an existential
         | risk to some companies, and one that wasn't more widely planned
         | for because it wasn't even believed to be intended to actually
         | occur.
         | 
         | Most tax experts considered the removal a budget gimmick so
         | that the 2017 December republican majority could quickly pass a
         | new budget using the budget reconciliation process, which can't
         | be used to increase the deficit after a 10-year period so they
         | had to add a time limit to a bunch of benefits "on paper" to
         | use the reconciliation process. There appeared to be broad
         | support for fixing it later, but the bipartisan spending bill
         | expected to include it fell apart because they couldn't get
         | agreement on other parts of it.
         | 
         | To the best I can tell this isn't tech companies complaining
         | about paying fair tax; it's a congressional oversight that is
         | quadrupling the taxes of small business out of nowhere which
         | nobody in power has bothered to fix.
        
           | fredgrott wrote:
           | It gets worse, we do not reach true majorities in the House
           | and Senate until 2030. Thus until then budgets get passed
           | under budget reconciliation.
        
           | missingcolours wrote:
           | I understand the arguments for it, and maybe even on net it's
           | beneficial because it prevents other bad things from
           | happening, but the amount of byzantine dysfunction that's
           | downstream of the United States Senate Filibuster rule is
           | really something to behold.
        
             | bradleyjg wrote:
             | The filibuster continues to exist each new day because a
             | simple majority of senators continue to want it to exist.
             | Don't let that majority off the hook for anything by
             | pointing to a rule they could remove at will.
        
               | brightball wrote:
               | IMO doing anything at the federal level should require a
               | supermajority anyway. The country shouldn't swing back
               | and forth due to a simple majority. If a supermajority
               | can't agree, leave it to states.
               | 
               | We would all be a lot better off.
        
             | dahfizz wrote:
             | What other bad things does this prevent from happening? I
             | can't think of anything, unless you think double-taxing
             | income is good.
        
             | yamtaddle wrote:
             | To the extent that the filibuster's beneficial, I'd say
             | it's only so because of our bad electoral system that
             | stabilizes at only two viable parties, and sometimes
             | results in minority rule.
        
               | ChrisLTD wrote:
               | The filibuster guarantees minority rule, in the Senate.
        
               | abirch wrote:
               | The Senate enables minority rule due to state size as
               | well. Unfortunately we're hostages of the past
        
               | pc86 wrote:
               | The Senate doesn't represent people, it represents
               | States. The Representation is exactly equal, as intended:
               | 1 State == 2 Senators.
        
               | dragonwriter wrote:
               | No one is questioning that it is working as designed.
               | 
               | That something is working as designed is not an
               | endorsement if the design is bad.
        
               | yamtaddle wrote:
               | Right, there are two failure modes in the US governmental
               | system, basically:
               | 
               | 1) Things the founders got wrong _on purpose_. We 've
               | fixed a bunch of these, by e.g. broadening the franchise
               | and ending chattel slavery with that whole Civil War
               | thing. The way our Senate is composed is arguably an un-
               | fixed one of these--it's that way on purpose, but it's,
               | you know, _bad_.
               | 
               | 2) Things they got wrong by accident. These are usually
               | cases where politicking, application of game theory, and
               | bad actors in general conspire to make things work
               | differently than they were intended. This is stuff like
               | the system stabilizing at two viable political parties,
               | and the way the electoral college has worked in-practice
               | almost from day one (but _not_ the way the electoral
               | college favors low-population states, because that part
               | was on purpose, so would go under point 1 if we 're
               | regarding it as an error)
        
               | Matl wrote:
               | As a non U.S citizen, sounds like a state with a million
               | residents is represented as much as a state with 10
               | million residents. Not sure that's fair, be it I get you
               | don't want to be underrepresented based on where you live
               | either.
        
               | gopalv wrote:
               | > minority rule, in the Senate
               | 
               | If you look away from the senators and consider the
               | people the senators represent, it was intended to be even
               | without the filibuster.
               | 
               | But what should be truly opposed is the cowardly way in
               | which the filibuster is done today.
               | 
               | You should make 41 people vote against the bill, on
               | record with their names, then go back to their
               | constituents and explain why they did it in a town hall
               | sometime soon.
               | 
               | Right now a senator can rely on the fact that their re-
               | election is five years away when killing a bill which is
               | supported by their constituents.
               | 
               | 41 of them cannot assume they have years for the public
               | to forget their vote on this particular thing (like
               | hurting small businesses by inaction too).
        
               | overboard2 wrote:
               | The one person performing a filibuster is presumably
               | doing so very much on record, complete with soundbites.
        
               | dataangel wrote:
               | Yes but you have that be the person in the safest seat.
        
               | sp332 wrote:
               | Not since 1972.
               | https://www.cnn.com/2021/03/17/politics/filibuster-joe-
               | biden...
        
               | rpearl wrote:
               | No, fillibusters are a matter of procedure now. Nobody's
               | standing up there talking to perform a fillibuster
               | anymore.
               | 
               | From https://constitutioncenter.org/blog/filibustering-
               | in-the-mod...
               | 
               | "When a Senator signals the intent to filibuster, an
               | informal cloture process starts to determine if 60 votes
               | exist to move a measure forward in two ways. One cloture
               | vote is to approve a motion to consider a measure; the
               | second vote is on the actual measure. If either cloture
               | vote fails, the measure remains in limbo. "
        
               | yamtaddle wrote:
               | That's not the kind anyone means anymore, at least when
               | it comes up in relation to the US Senate. They generally
               | don't _actually_ filibuster, they place a procedural hold
               | that requires 60 members to agree to override it.
        
               | lumost wrote:
               | This is where the insanity really started. It used to
               | require 8-20 senators to _physically_ filibuster to
               | actually kill a bill. On a major bill, the small number
               | of senators also risked reputations harm from the sound
               | bites of them reading their phone books.
               | 
               | Now anyone can start a filibuster, it largely goes
               | unrecorded - and pressure for party unity prevents it
               | from being killed.
        
               | [deleted]
        
               | yamtaddle wrote:
               | Yes, but it also means that the minority is less
               | effective when it gains an _electoral_ majority and takes
               | 'hold of the gavel. That makes it harder for them to,
               | say, change things to further entrench minority rule--
               | which is real problem in several state-level governments.
        
               | adamsb6 wrote:
               | A supermajority threshold requirement is not minority
               | rule. It's supermajority rule.
               | 
               | Minority rule would be if 40% of the Senate could pass
               | laws at will.
        
               | [deleted]
        
               | filibustedbyD wrote:
               | This is why the civil rights act was never passed, and
               | schools in the US are still segregated to this day,
               | because Sen Byrd (D) filibustered
        
               | fwungy wrote:
               | The founders designed a system that was slow to act on
               | purpose. They did not want a strong federal government.
               | 
               | Given how difficult it is to predict policy outcomes this
               | is probably a good idea. Even if a collection of policies
               | are good on the individual level there is no way to
               | figure out if the interaction will be net positive, nor
               | if the cost of remedy reverses the calculus.
        
               | chiefalchemist wrote:
               | > The founders designed a system that was slow to act on
               | purpose. They did not want a strong federal government.
               | 
               | Spot on. Yet we continue to insist on using the system in
               | a way (i.e., overly strong fed gov) that it's not good
               | for. This isn't a Dem or Republican issue. It's history.
               | 
               | And the more taxes Uncle Sam collects, the stronger and
               | more bloated he gets. At some level we need to come to
               | terms with the fact that we're using a screwdriver as a
               | hammer. That doesn't work well. Ever.
        
               | candiddevmike wrote:
               | But now we have a strong federal government that can't
               | agree enough to keep up with the needs of it's citizens.
               | The worst possible outcome, IMO.
        
               | SoftTalker wrote:
               | Or perhaps the predictable outcome?
        
               | carom wrote:
               | The problem now is that the government is large and it is
               | nearly impossible to shed the cruft that has accumulated.
        
               | datavirtue wrote:
               | Nothing ever gets shed or revised. The stale regulatory
               | agencies are captured, corrupted, and stale/weak.
               | 
               | OSHA has no teeth (they are just a nuisance to the
               | scofflaws)
               | 
               | FTC is underpowered
               | 
               | EPA needs shut down
               | 
               | FDA is on record for enabling very harmful medical
               | devices
               | 
               | I remember something about Boeing colluding with
               | regulators to put people in harms way.
               | 
               | I could hop on a search engine and dig up a tome-worth of
               | completely unacceptable shit from the last 40 yrs in this
               | regard.
        
               | yamtaddle wrote:
               | The size is less a problem than our system stabilizing at
               | two viable parties, both of which would stand to lose a
               | great deal of power if they actually _fixed_ some of the
               | core problems with the Constitution.
        
               | coliveira wrote:
               | That might had make sense 200 years ago when Fed
               | government was small. Nowadays it is a slow death
               | sentence to the country.
        
               | pc86 wrote:
               | "Weak government made sense when it was small but we made
               | it bigger so we should make it stronger now too" is
               | certainly _a_ take, but not a particularly good one.
               | 
               | The vast majority of things the government touches turn
               | to shit, including things with wide bipartisan support.
               | How does making government able to do more, faster, fix
               | that?
        
               | nemothekid wrote:
               | > _The vast majority of things the government touches
               | turn to shit_
               | 
               | Overtime I've really begun to see this as propoganda that
               | Reagan invented based on little to no empirical data. I'm
               | not convinced that the government is anymore
               | dysfunctional than any large corporation. The belief that
               | the everything the government touches turns to shit does
               | far more harm than good; and furthermore gets in the
               | federal government's way of actually solving problems.
               | The federal government may have a problem with incentives
               | (like any corporation), but it's hard for me to believe
               | they are inept. It ends up being a self fulfilling
               | prophecy - the government tries to do something, a
               | hundred road blocks are put up for fear of ineptitude,
               | then when the government is slow due to said roadblocks,
               | they are called inept. When those roadblocks are removed
               | - for example in the vaccine distribution of 2020, it's
               | clear that the government is capable of good outcomes.
               | Millions of highly controlled and sensitive vaccines were
               | deployed across the country in only a couple months under
               | an administration that nearly became hostile to its
               | deployment.
        
               | 8675309t wrote:
               | [flagged]
        
               | yamtaddle wrote:
               | Several features of or accidents-resulting-from the US
               | constitution amount to that. With the added "fun" that
               | they also create a system in which fixing any of them is
               | unlikely, from within the system.
               | 
               | There's a reason even _we_ don 't tend to push a US-style
               | system on fledgling democracies, when setting them up.
               | It's got well-known, grave, fundamental, and avoidable
               | flaws.
        
               | coliveira wrote:
               | The big problem is that neither party in power wants to
               | change the system. After all, they're beneficiaries and
               | creators of the status quo. This could only change if
               | somehow a new party emerged, which is quite unlikely.
        
               | yamtaddle wrote:
               | Right, that's why, despite its being about as close to a
               | dull, settled fact in policy-wonk and poli-sci circles as
               | anything is, that the US system sucks in about a dozen
               | important ways that other modern democratic systems do
               | not, we _cannot_ fix it.
               | 
               | The system is broken in ways that _prevent fixing that
               | very brokenness_. We know exactly what 's wrong, but
               | can't do anything about it. You'd have to get a whole
               | bunch of people whose personal power is tied up with the
               | status quo, to, all at the same time, vote to weaken that
               | power _and the power of the organizations that put them
               | where they are_. Or you 'd have to get at least some of
               | the states that benefit from the brokenness to agree to
               | weaken themselves. Neither is likely to _ever_ happen--
               | short of some very risky and probably-bad-rather-than-
               | good developments that are more likely to end in
               | authoritarianism than an improved democracy.
        
               | jimbob45 wrote:
               | Quite the opposite! Scalia had a great speech[0] where he
               | argued that our Constitution is weak compared to other
               | nations of history but had outlived those nations because
               | of its slow nature to act. The point being, it doesn't
               | matter how great your constitution is if your country is
               | dead.
               | 
               | [0]https://www.youtube.com/watch?v=Ggz_gd--UO0
        
               | jussaying2 wrote:
               | > it doesn't matter how great your constitution is if
               | your country is dead.
               | 
               | Why is the longevity of a nation more important than the
               | values it stands for (as laid down in its constitution)?
               | One could argue that it's better to have a great
               | constitution that treats its citizens equally and fairly,
               | even if the nation is short-lived and eventually
               | disintegrates into smaller nations.
               | 
               | The interpersonal equivalent of this would be "It doesn't
               | matter how great your relationship is if your marriage is
               | dead". I'm not sure many would agree with keeping a
               | marriage alive at any cost.
        
               | downWidOutaFite wrote:
               | The founders added a bunch of checks and balances but not
               | the filibuster. The fillibuster was more of a gentlemanly
               | agreement until the 1970s and it wasn't until the Obama
               | era that it was regularly used on almost every single
               | vote.
        
               | lesuorac wrote:
               | Sure, the founders in 1776 desired a weak federal
               | government.
               | 
               | But the writers of the constitution in 1788 wanted a
               | strong one because the existing weak one sucked.
        
               | bluGill wrote:
               | The founders in 1776 were happy with things in 1788 and
               | generally opposed the constitution. After reading the
               | articles of confederation (yes I actually did that),
               | there are some things that should have been cleaned up,
               | but overall I think it was a good enough system that
               | didn't need to be replaced.
        
               | tomrod wrote:
               | It wasn't, then or in the 1860s, hence the strong,
               | modern, adaptive federalism we have today that treats
               | states as provinces and makes important things move
               | quickly.
               | 
               | One could squint and say states matter today, but that's
               | just admitting a need for glasses. They are ghosts of
               | what they were, and increasingly need to be retired.
               | 
               | It will be nice when we put to pasture the policy-as-
               | experiments across states for things that are clearly
               | universally demanded: finance, health insurance, women's
               | medical care, education, defense, gun control, decreased
               | corporate control of the food supply, transportation,
               | environmental regulation, and so forth. It's amazing how
               | much the modern GOP has pushed folks towards this, may
               | they continue their business Republican-led shenanigans
               | to unite the country and encourage progress when
               | otherwise we would be slovenly.
               | 
               | Why is this the case? Duplication of fixed costs are
               | expensive.
               | 
               | Let's get rid of these crufty overindulgent home-owners-
               | associations-on-steriods and federalize already.
               | 
               | (paragraphs 1, 4 serious, the rest in jest)
        
               | lesuorac wrote:
               | While paragraph 3 may be in jest, the non-standization
               | meant that some states did allow women to vote long
               | before it was constitutionally mandated. Of course it
               | also meant some people were enslaved long before it was
               | explicitly constitutionally allowed.
        
               | tomrod wrote:
               | Something said in jest may yet contain elements of truth!
               | :)
        
               | bugglebeetle wrote:
               | That only makes sense if you think slavery should've
               | never been abolished. How would it have ended under the
               | Articles of Confederation?
        
               | fwungy wrote:
               | It would have ended because the Industrial Revolution
               | made slave labor un-economic, in the worst case.
               | 
               | Modern capitalists prefer seasonal labor for agriculture.
               | They don't have to feed/clothe/house people year round,
               | and have no personal investment. Seasonal migrant
               | agriculture labor cheap and easily exploited, with little
               | legal protection. Slaves, like domestic a nimals
               | (reprehensible as that simily is), must be treated well
               | enough to keep working productively. There is no such
               | need with migrant labor. If they are abused or killed it
               | is easy to sweep under the rug. There'll be new migrants
               | available next year.
               | 
               | NOTE: I'm not saying slavery is good, or even better than
               | migrant labor. They are both highly unethical if you
               | consider how corporations treat migrant labor today.
        
               | bugglebeetle wrote:
               | > It would have ended because the Industrial Revolution
               | made slave labor un-economic, in the worst case.
               | 
               | ...except slavery still exists all over the place in
               | industrialized countries? There's nothing incompatible
               | between industrialization and slavery, as myriad historic
               | and contemporary examples have shown.
               | 
               | https://www.walkfree.org/reports/global-estimates-of-
               | modern-...
        
               | SoftTalker wrote:
               | The system the founders designed didn't even have an
               | income tax. We should go back to that.
        
               | cipheredStones wrote:
               | 1. The much-mythologized founders disagreed on how strong
               | the federal government would be; the first political
               | parties were the Federalists and Anti-Federalists
               | (technically the Democratic-Republicans, but carrying on
               | that same ideology).
               | 
               | 2. Filibusters are not in the Constitution, weren't
               | possible for decades after it was signed, weren't used
               | for half a century after it was signed, and didn't become
               | the "sixty votes required for anything" tool they are
               | today until 10-15 years ago. The founders had nothing to
               | do with it.
        
               | pirate787 wrote:
               | You're incorrect, the first filibuster was 11 years after
               | the Constitution was ratified and have been common since
               | 1917 and common in their current form since 1970 (that's
               | 53 years not 10-15)
               | 
               | https://en.wikipedia.org/wiki/Filibuster_in_the_United_St
               | ate...
        
               | ajmurmann wrote:
               | Using the filibuster the way it's used now and not
               | actually trying to come to a compromise is definitely
               | new. It's not something that changed about the rule
               | itself, but about the way it's used. See the graph in
               | this article:
               | https://www.statista.com/chart/25929/number-of-senate-
               | filibu...
               | 
               | IMO it all comes down to the insight that the opposition
               | party has nothing to gain from cooperating. If something
               | good gets passed, the majority party gets the credit. If
               | nothing gets passed, the majority party gets the blame,
               | regardless details how that outcome was achieved and what
               | role the minority party played. So blocking everything is
               | the best strategy. IMO, it's disgusting to have
               | politicians put party over country, but here we are.
        
               | lumost wrote:
               | I wonder if there has been a change in how senators are
               | judged by their constituents. We're they judged on their
               | individual records rather than party records in the past?
        
               | [deleted]
        
               | freedomben wrote:
               | Not coincidentally, 10 to 15 years ago is around when
               | people started viewing the "other" party as "evil." You
               | can justify a lot of behavior when you declare yourself
               | full of righteous indignation.
        
           | Workaccount2 wrote:
           | Good, maybe we can claw back some of the egregious amounts of
           | PPP money handed out without at all being necessary.
        
           | AdamH12113 wrote:
           | Thank you for providing the actual political context. It is
           | much more helpful to know who did this and why then to
           | complain about an amorphous and unchanging "Congress".
        
           | [deleted]
        
           | taxopinion wrote:
           | > ...it wasn't even believed to be intended to actually
           | occur... which nobody in power has bothered to fix.
           | 
           | One way to think of libertarians is that they do secretly
           | want all the same levers of political power, they just want
           | different people in charge (themselves).
           | 
           | So while I am not endorsing a specific person, consider this
           | next time you dismiss outsiders out of hand. Some people
           | really do pay more correct attention to shit than all elected
           | people in both parties in our government. It seems valid to
           | complain about "amorphous" government sometimes.
        
             | pc86 wrote:
             | What does any of this have to do with libertarians?
        
         | kazinator wrote:
         | More like:                   1,000,000 Revenue       -
         | 1,000,000 Salary expense  # this does not magically shrink to
         | 200K       -   200,000 tax on revenue (random percentage out of
         | a hat)       -----------          (200,000)  In the red!
         | 
         | If paying salaries isn't an expense you can write off, you
         | still have to pay all those salaries, and then pay tax on the
         | money used for those salaries.
        
           | alchemist1e9 wrote:
           | I don't think you understand amortized expense accounting and
           | income tax, you have a line item labeled tax on revenue.
           | 
           | What you are showing is cash flow not the income statement
           | and also you don't understand the tax is based on the income
           | statement and not the salaries being paid or the revenue, but
           | the calculated income for tax purposes.
           | 
           | In the 2nd year it will be 2/5ths, $200K, amortized expense
           | of prior year plus current year, assuming same numbers, and
           | by the 5th year would be full amount.
           | 
           | Your cash flow is correct and yes it becomes -$200K which is
           | really bad. However I wanted to clarify the mechanics.
        
             | kazinator wrote:
             | Here in Canada we have similar fractional write-offs called
             | CCA (capital cost allowance). That's for assets though,
             | like a company building, car or equipment.
             | 
             | I've written an accounting system before for business
             | activities and successfully used its reports to win a tax
             | dispute.
             | 
             | I'm not so interested in the details of this, particularly
             | because it's in another country, but I do understand the
             | implications of suddenly not being able to entirely write
             | off the likely most important and large business expense.
        
               | alchemist1e9 wrote:
               | Ok so you understand but your original comment, before
               | you changed it, talked about a tax on revenue, which
               | isn't accurate.
               | 
               | I also wrote my own accounting systems based on ledger-
               | cli and regularly deal with amortization of assets.
               | 
               | The change is extremely bad and I'm not trying to say
               | otherwise. Just wanted to clarify the exact calculation
               | and difference between income statement and cash flow
               | calculation.
        
           | aarondf wrote:
           | Yeah that would be the cash flow, my example was taxable
           | income. But yes, that's the whole problem!
        
         | fnordpiglet wrote:
         | I've not read all the comments but I'd note that this issue
         | becomes less serious every year as you build a pipeline of
         | amortization. Assuming 1mm stays the same YoY in 5 years you're
         | paying no taxes again. Each year taxable income reduce by a
         | further $200k until year 5. That provides no relief now but
         | even without action it resolves eventually - except for new
         | firms.
        
           | KMag wrote:
           | ... growing firms are also penalized. Also, if a company goes
           | bankrupt (like the majority of companies), those last 4 years
           | of amortization just go into the government's pocket. Even if
           | you could ignore the time value of money, it doesn't actually
           | even out over the long run.
        
             | fnordpiglet wrote:
             | Yes. It also penalizes shrinking firms as you simply lose
             | the benefit of amortization if you can't use it.
        
           | servercobra wrote:
           | > Assuming 1mm stays the same YoY in 5 years
           | 
           | That's a pretty big assumption.
        
           | RhodesianHunter wrote:
           | But the first year is the hardest...
        
         | adrr wrote:
         | Something is getting lost translation here. You can capitalize
         | certain projects of that meet a certain threshold. I can't
         | capitalize something as trivial as changing some colors. The
         | capitalization is based on the expected lifespan of
         | deliverable. Web pages is like 2 years. Bug fixes/maintenance,
         | and project management are not capitalizable and its common to
         | use 80/20. Public companies want to capitalize everything to
         | improve earnings and kick up their stock price but they are
         | kept in check by auditors.
         | 
         | How is this going to change?
        
           | aarondf wrote:
           | As it relates to developer salaries, you don't have an option
           | to decide if you're going to capitalize or immediately
           | expense. With this bill, you _must_ amortize over five years.
           | 
           | You're talking about deciding whether or not to capitalize a
           | laptop, a piece of equipment, a vehicle, etc, and over what
           | period. There's lots of guidance for that. This is very
           | specifically affecting the salaries you pay software
           | developers.
        
             | adrr wrote:
             | I just figured out the disconnect. This is only for tax
             | reporting and not financials. This is going to be fun.
        
         | loandbehold wrote:
         | Do these companies have an option of moving overseas to avoid
         | this?
        
         | dataangel wrote:
         | What is the rationale for amortizing R&D expenses in general?
         | Even outside software, what is the motivation for this?
        
         | RC_ITR wrote:
         | This is disingenuous though, because they would also have 4
         | other years of salaries to amortize.
         | 
         | If anything HN should be cheering this law since it
         | incentivizes growing your R&D team quickly and consistently.
        
           | aarondf wrote:
           | If you make a million and pay a million in salaries, you have
           | no cash left, right?
           | 
           | But! You get to pay taxes as if you made 800k in profit. So
           | lucky you, you have zero dollars and now you get to pay
           | 240,000 in tax (800k * 30%) to the government.
           | 
           | You're now 240k in the hole. Game over, no year two, three,
           | or four.
           | 
           | This doesn't affect venture funded companies as badly because
           | they have millions in funding and they can ride out the
           | amortization. It does, however, affect bootstrappers trying
           | to start a thing. Perhaps you could call them small, indie
           | hackers?
           | 
           | If anything, HN should not be cheering this law as it doesn't
           | affect large incumbents and those with millions in VC
           | funding, but crushes the little guys.
        
             | RC_ITR wrote:
             | We aren't supposed to ask direct questions on here, but you
             | "get" that a company charges 20% of each of the past 5
             | years, right?
             | 
             | Like, we agree that's what depreciation/amortization is,
             | right?
             | 
             | So this most affects companies that have a relatively large
             | R&D org relative to the past few years (aka my point about
             | growing R&D ahead of other functions).
        
               | aarondf wrote:
               | I'm a CPA, so I super do get it.
        
         | tempsy wrote:
         | Seems like a big deal but have not heard it come up til now?
         | Maybe cause tax season?
        
           | gamblor956 wrote:
           | It's not a big deal because this change affects very few
           | companies outside of Silicon Valley and it only affects
           | companies at the start of the R&D process.
           | 
           | After 5 years, the tax impact evens out to be the same as
           | currently expensing R&D salaries.
           | 
           | And generally, software companies have gotten the benefit of
           | the R&D credit even for things would not have qualified for
           | the R&D credit if it had not involved software, so this
           | change was merely seen as correcting a tax loophole that the
           | software industry has been exploiting (and arguably abusing)
           | for several decades.
        
             | aarondf wrote:
             | It very much affects bootstrapped companies building a
             | software product. I'm not sure where you got the idea that
             | it only affect Silicon Valley companies?
             | 
             | If you bootstrap your company to the point where you can
             | afford one engineer's salary, you can only deduct 20% of
             | that against your revenue. I.e. you've paid out all the
             | cash and but you still have to pay taxes on the 80% that is
             | not allowed to be expensed this year.
        
         | winter_blue wrote:
         | This sounds like sheer madness.
         | 
         | Does anyone know what the situation is in other countries (in
         | particular, in Canada) for the same situation as above?
         | 
         | One option companies have, if this isn't fixed, might be to re-
         | incorporate, or relocate their company to Canada[1].
         | 
         | [1] Assuming Canada taxes sensibly (and allows R&D or developer
         | salaries to be deducted).
        
           | dh2022 wrote:
           | Canadian corporate taxes are quite a bit higher than in the
           | US - 33% vs 21%. So not an easy decision...
        
         | sangnoir wrote:
         | Is it mandatory for software companies to classify engineer
         | salaries as "R&D"? I haven't yet gotten an answer for this each
         | time this issue comes up.
         | 
         | I know it used to be advantageous due to the R&D amortization
         | period, and I feel this was abused in cases were there was
         | effectively no research or development (in the traditional
         | sense). How is your example materially different from a
         | furniture shop that has similar revenue & salary numbers, but
         | previously wasn't able to amortize salaries as "R&D"?
        
           | ricardobayes wrote:
           | Honestly this whole thing looks like a huge tax loophole, now
           | being closed. I don't know of any jurisdiction (apart from
           | the US, apparently) which allowed 100% non-amortized tax
           | credit for loosely defined R&D salaries. No wonder everyone
           | and their dog started software companies in the US.
        
             | indymike wrote:
             | It is not. If I pay a worker to frame up a house it is an
             | expense. If I pay a swe to frame up a mobile app it is R&D.
             | Again NOT a loophole.
        
               | noughtme wrote:
               | ?
               | 
               | Are you just framing up a mobile app for funzies?
               | 
               | Wouldn't it be a professional service, therefore an
               | expense, therefore fully tax deductible?
        
               | agwa wrote:
               | No, that's what's changing and it's why everyone is
               | freaking out - software development is no longer a fully-
               | deductible expense.
        
               | noughtme wrote:
               | Sorry, I couldn't tell which side of the argument you
               | were on, so I was curious if there were good reasons to
               | defend the proposed change.
        
             | nine_k wrote:
             | Maybe it was the point? Didn't you notice that the US
             | gained certain lead in software technologies?
             | 
             | The developers, who are paid rather handsomely, also pay
             | rather large amounts of taxes from their salaries. (If
             | fired and jobless, they stop doing that.)
        
             | coldtea wrote:
             | Well, salaries are expenses though. And software
             | development is not necessarily R&D, so if 99% of software
             | development has to be classified as such, that's a problem.
        
             | agwa wrote:
             | We are not talking about a tax credit here, but a
             | deduction.
        
             | dahfizz wrote:
             | What jurisdiction doesn't count employee salaries as an
             | expense?
             | 
             | Salaries are already taxed as individual income. Taxing
             | them as corporate profits _and_ individual income is not
             | closing a loophole, its double-taxing.
        
             | 1vuio0pswjnm7 wrote:
             | 100%
        
             | avsteele wrote:
             | This is misinformation. You owe this tax even if you do not
             | claim any R&D tax credit.
             | 
             | https://www.grantthornton.com/insights/articles/tax/2023/se
             | c...
        
           | 1vuio0pswjnm7 wrote:
           | "I haven't yet gotten the answer for this each time this
           | issue comes up."
           | 
           | Asnwer: It's not mandatory.
        
           | cdot2 wrote:
           | What would a software developer do that isn't research or
           | development? Maybe my understanding of "research and
           | development" is wrong. Is there a formal definition that I
           | can go by?
        
             | sangnoir wrote:
             | What would a welder do that isn't research or development?
             | I believe for both jobs certain tasks are journeyman-like,
             | but others are legit R&D. I don't think software ought to
             | be blanket-exempted because its done on a computer.
             | 
             | Here's the IRS' guidance on software:
             | https://www.irs.gov/businesses/audit-guidelines-on-the-
             | appli...
        
               | TylerE wrote:
               | > What would a welder do that isn't research or
               | development?
               | 
               | Weld stuff?
        
               | jdmichal wrote:
               | Isn't welding just "developing" metal products?
               | 
               | That's why you have to take into account that it's
               | "research and development", and not "research" and
               | "development". As in research and the development of that
               | research, not separately research and development.
        
               | function_seven wrote:
               | Yeah, forcing physical-world norms into technology will
               | always result in weird shit like this.
               | 
               | For the "real" world, Research would be studying
               | different compounds to see which ones work well as anode
               | or cathode.
               | 
               | Development would be creating the industrial processes
               | required to scale up manufacturing, or the ancillary
               | infrastructure to support the new battery, or designing a
               | new package for this awesome new cell. All the things
               | that take the new thing from the lab to a marketable
               | product.
               | 
               | So if you come up with a new method for welding ("My new
               | filler alloy reduces argon requirements by half!" or "My
               | new pulsing methodology results in 23% stronger welds
               | between dissimilar alloys.") That's Research. Then the
               | Development of that might be "How do we manufacture these
               | new filler rods to the exacting specs required?" or "We
               | need to have the EE people incorporate my pulsing algo in
               | our welders. Right now it's running on an Arduino in the
               | lab, we need it included in next year's Welder XL4000
               | model."
               | 
               | Actually doing the weld is just doing the job.
               | 
               | So, back to software. What kind of coding is considered
               | R&D and what is considered "just doing the job"? I guess
               | creating new algorithms, or new features that you expect
               | to be in the product for years to come; those would be
               | R&D. Whereas fixing bugs, working on Kubernetes stuff,
               | writing database backup routines, etc. would not be?
               | 
               | I don't know. This is just my impression of the
               | difference. I'm no economist.
        
               | hellojesus wrote:
               | Welding stuff is developing a product. Basically the same
               | thing software developers do. It seems like a nonsense
               | differentiation if those are categorized differently for
               | taxes.
        
               | TylerE wrote:
               | As some one who took a welding class.. no it isn't. It's
               | production.
        
               | bluGill wrote:
               | It can be development, if you are building a prototype
               | for example. a good welder will notice that a bracket is
               | missing and design one one the spot so the whole can be
               | built for now - while telling the engineers about the
               | problem.
               | 
               | That is a small % of welding though. Most is just
               | straight production work. The % is open to question - if
               | I ask you to put a winch mount on my trailer how much of
               | that is custom R&D, and how much is production of the one
               | off product?
        
             | [deleted]
        
             | jdmichal wrote:
             | In "research and development", that typically means
             | "research of new ideas and methods, and developing them
             | into commercially viable products". So are there things
             | that software engineers do that fall under R+D? Absolutely!
             | Is adding a sorting feature to a grid in your app one of
             | those things? Probably not!
        
               | commandlinefan wrote:
               | > Is adding a sorting feature to a grid in your app one
               | of those things?
               | 
               | Yeah, the love the tax write-off - they don't love paying
               | people to actually research anything.
        
               | dahfizz wrote:
               | You should never assume legal terms mean what they
               | colloquially mean.
               | 
               | Just like how "work" in physics has a precise definition
               | which doesn't mean what it colloquially means, or "tree"
               | in computer science.
               | 
               | In this case, software development of any kind is
               | _explicitly_ included:
               | 
               | > 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
        
             | darth_avocado wrote:
             | I still don't understand why it has to be RnD? If I made a
             | million dollars and spent a million in salaries, I made no
             | profit. The government shouldn't be taxing me on no money
             | made. They already get taxes on the salaries I'm giving
             | out.
        
               | jfengel wrote:
               | Because it was a way to get the budget "balanced". They
               | declared R&D expenses to be different from operating
               | expenses -- if you have the money to spend on R&D then
               | you have money to spend funding the country.
               | 
               | It's never supposed to be about what's "fair" or what
               | they "should" do. It's about the fact that they want to
               | spend $X, and need to raise $X one way or the other.
               | 
               | In this case, though, it was purely a trick. They were
               | required to balance the budget over the long term, so
               | they spent money now and identified a pot of money they
               | could take from later. They just kicked the can down the
               | road, and now we've arrived where the can landed. They
               | actually don't think it's fair, or reasonable, or
               | productive. But changing it does make somebody
               | responsible for a huge increase in the deficit... and
               | it's the people who spent the money 5 years ago.
        
               | SoftTalker wrote:
               | There is no budget, for a long time. Only spending
               | resolutions. And they're not b balanced.
        
               | makeitdouble wrote:
               | It comes down to whether these salaries were a sheer cost
               | and not partly an investment.
               | 
               | If you made a million dollar and bought a million in
               | patents, you still would have no money but wouldn't
               | expect to be paying 0 tax, would you ? How RnD should be
               | taxed is up for debate, but at least the logic is that
               | it's not a simple cost (in comparison to paying a janitor
               | to clean the office for instance)
        
               | darth_avocado wrote:
               | Fair enough. If you made a million dollars and bought
               | land with it, sure you can tax it. But something as basic
               | as employee salaries that are a cost to any business
               | should definitely be deductible from the profits as cost
               | of running the business. Especially when the company is
               | supposed to pay payroll taxes and the employees
               | themselves pay income tax on their salaries.
        
               | bcrosby95 wrote:
               | For many small software companies, making software is
               | more like making a custom table rather than an actual
               | investment.
        
           | mjwhansen wrote:
           | This is a complicated question.
           | 
           | On the one hand, Section 174 clearly stipulates: "(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."
           | [1]
           | 
           | Section 174 R&E expenses are much more expansive than what
           | qualifies under the R&D tax credit criteria. This article has
           | a rundown of some of the activities included in 174. It's
           | well beyond software or salaries -- it also includes things
           | like market research. It also includes any expenses in
           | connection with R&E, so for example time using a server for
           | new features or new products would have to be amortized but
           | maintenance (bug fixes) wouldn't. Even if a company files for
           | R&D tax credits, they won't be able to offset this increase.
           | [2]
           | 
           | Lastly, since Congress was widely expected to revert this
           | before it took effect, the IRS didn't issue full guidance on
           | how to implement it. They've never had to define software
           | development before, but the interpretation that Big 4
           | accounting firms are taking is that it covers new products
           | AND new features on existing commercial products, but not
           | straight maintenance.
           | 
           | [1] https://www.law.cornell.edu/uscode/text/26/174 [2] https:
           | //www.forbes.com/sites/lynnmucenskikeck/2023/03/24/fiv...
        
         | lifeisstillgood wrote:
         | This seems a silly question but are you _forced_ to label
         | software development as  "R&D" instead of just expensing it in
         | the first year.
         | 
         | I mean this is an accounting trap, it seems the best way to get
         | out of it is to use accounting.
        
           | rhaway84773 wrote:
           | It doesn't matter what you label an expense. Accounting
           | principles and regulations decide what category expenses fall
           | into. That's a major reason CAs exist, to ensure that your
           | expenses are correctly categorized.
           | 
           | I am not an accountant, but I took 2 years of accounts, and
           | learning to categorize expenses correctly was probably 75% of
           | the classes.
        
           | jsmith99 wrote:
           | The accounting standards forbid expensing things that should
           | be capitalised, and if you go ahead and do it anyway your
           | investors will wonder why your accounts show you have no
           | assets.
        
             | rhaway84773 wrote:
             | Your CA would certainly prevent that from happening well
             | before your investors look at your accounts.
        
           | jabart wrote:
           | The law has a call out that software development costs are
           | all R&D now. So yes according to my understanding (as one of
           | the signers) and those who have written about this as well.
        
             | taxopinion wrote:
             | Yes. You could look at this as an indictment of the tax
             | system, in that the plain language says what it says, but
             | the IRS expects you to hire an account to make an
             | "appropriate determination."
             | 
             | No small business accountant is incentivized to give you
             | creative opinions, they're just going to go with whatever
             | is the most popular practice. They don't give a fuck how
             | much tax you actually pay.
        
             | reaperman wrote:
             | When you say "as one of the signers" do you mean you signed
             | the federal bill which modified this tax? i.e. you are a
             | congressperson? Surely I'm misunderstanding you; your post
             | history is utterly incompatible with any sitting
             | congressperson. But I can't figure out what you meant by
             | it.
        
               | mikeyouse wrote:
               | Per the article, some 600 business owners signed a letter
               | to congress asking for urgent relief;
               | 
               | > As the House legislation is introduced, a grassroots
               | effort is gaining momentum among software developers,
               | with nearly 600 small business owners including Landsman
               | and Bennett signing a letter to the Hill desks of House
               | Way and Means Committee chair Jason Smith (R-Missouri)
               | and Senate Finance Committee chair Ron Wyden (D-Oregon)
               | on Tuesday morning, asking for "urgent relief" and
               | warning that failure to bring back full R&D expensing may
               | wipe out their companies.
               | 
               | I assume that's what he signed.
        
               | reaperman wrote:
               | Oh, thank you so much. RTFA...
        
               | jdmichal wrote:
               | To be fair to you, I certainly read that but didn't
               | associate that letter to the comment until mikeyouse
               | pointed it out. A lot happened between reading the
               | article and reading that comment.
        
               | jabart wrote:
               | Yeah now that I read that it's missing context. My bad.
        
             | vlovich123 wrote:
             | I think this is flawed in both directions. Sure when you're
             | primarily building new stuff maybe the cost of that should
             | be amortized. What happens if you're just maintaining a
             | product though rather than actually developing new stuff?
             | That doesn't feel like R&D effort.
        
               | pclmulqdq wrote:
               | Maintenance of existing software doesn't count as R&D
               | under this categorization. The IRS will have some helpful
               | guidance available in June. You know, two months after
               | the deadline.
        
               | vlovich123 wrote:
               | Good luck figuring out how to do that accounting when
               | teams are blended and all your workers are salaried.
        
               | pclmulqdq wrote:
               | Right now, adding features to an existing SaaS is looking
               | a lot like maintenance work to me.
        
         | brightball wrote:
         | What happens if they pay an 3rd party company?
        
         | MagicMoonlight wrote:
         | Wages aren't R&D lmao
        
           | aarondf wrote:
           | Unfortunately, the Government of the United States disagrees
           | with you.
        
         | mitjam wrote:
         | It can also be positive to amortize r&d and software
         | development costs eg. when you have no revenue this year but
         | expect revenues the following years, you pay less taxes then
         | and overall. In Germany software development and r&d with
         | unknown outcomes cannot be amortized whereas you have the
         | choice with say self developed factory equipment.
        
           | aarondf wrote:
           | Agreed, options are great! Unfortunately this bill removes
           | all options.
           | 
           | Also operating losses can be carried forward and used for 20
           | years, so recognizing a big loss in a single year isn't
           | really that bad.
        
         | ElevenLathe wrote:
         | IANA accountant but this seems...fine? The point of writing
         | software is typically to get some benefit from it in future
         | years, just as GM expects to get more than one year's use out
         | of a lathe or a sheet metal press. Of course they won't be able
         | to cover the entire expense of buying the lathe entirely out of
         | revenue they receive in the same tax year that they buy it. Why
         | should they expect to be able to do the same for software?
        
           | cryptonector wrote:
           | It might be fine if that's how it long had been, maybe.
           | What's definitely not fine is the sudden change of rules that
           | an entire industry had been relying on for all their expense
           | planning.
        
             | uoaei wrote:
             | Then the argument would be "let us transition smoothly to
             | the new mode". But all we're seeing in these threads is
             | "bad bad no good very bad" with relatively little nuance.
        
           | mjwhansen wrote:
           | The key problem here is that for 70+ years companies have had
           | the option to amortize or expense these costs. This change
           | was made as an accounting sleight of hand to make the 2017
           | tax cuts look paid for over a long-term basis, but Congress
           | never intended for this change to take effect. They know it
           | isn't good tax or economic policy.
           | 
           | So now small businesses and startups are being thrown into
           | crisis because Congress has accidentally implemented policy
           | that they haven't gotten around to fixing.
        
           | [deleted]
        
           | lesuorac wrote:
           | How closely did you read the line items?
           | 
           | In the example given they received a revenue that covers the
           | entire cost of the software. The problem is that they then
           | used that revenue for payroll which would be fine previously
           | as if you make $X and pay $X in payroll then you pay ($X -
           | $X) 0 in taxes and there isn't a cash flow problem.
           | 
           | To stick with the apples-oranges lathe example. Imagine GM
           | got a loan of $1M for the lathe and they can only depreciate
           | 1/5 the cost of the lathe. So come tax time, GM has to pay
           | taxes on their 800K of "profit" since they can't fully count
           | the cost of the lathe against the loan.
        
             | uoaei wrote:
             | I think I'm failing to see your point, as I cannot find one
             | here.
             | 
             | If GM needs a lathe and has a reasonable business strategy,
             | they should be able to get their accounting office and
             | their leadership to align on how to make it make sense over
             | 5 years. If they can't, it's a business run poorly, and
             | according to the basic tenets of free market capitalism
             | (which you seem to be leaning on heavily) that business
             | would and should fail.
             | 
             | More generally, this seems a natural consequence of the
             | impersonal ways that businesses treat employees, aka "human
             | capital stock" to use the term of art. Capital stock /
             | assets used for generating revenue should be taxed the same
             | across the board.
        
               | pclmulqdq wrote:
               | In a world where you venture-fund software development,
               | this is fine, since the venture funding isn't revenue. In
               | a world where you fund software development with revenue,
               | this hurts a lot, particularly for young companies (and
               | _especially_ for companies that get research grants,
               | which are revenue).
               | 
               | Established companies can probably debt-finance
               | development the way GM would debt-finance a lathe (yes,
               | large enterprises often use debt to buy _everything_
               | possible). Small companies likely won 't have that
               | benefit. Particularly because that software isn't
               | necessarily a capital asset that can back a secured loan,
               | the way a lathe is.
        
               | uoaei wrote:
               | Software definitely is a capital asset: if it weren't, it
               | wouldn't be IP and all code would be open-source.
               | 
               | VC has spoiled software folks for the past decade. This
               | is just how small businesses become bigger businesses.
               | The dogma of "bootstrapping" in software circles has been
               | distorted into what is now clearly, retrospectively, an
               | unsustainable means of developing industries. There
               | doesn't seem to be any reason to treat software
               | differently from others.
               | 
               | The arguments here given scream of panicked, defensive
               | rationalizations how actually we're super special and
               | saving the world through technology, and how dare they
               | claw back the rewards we're given for enabling humanity's
               | progress.
        
               | pclmulqdq wrote:
               | I point you to IRC 1221(a)(3):
               | https://www.law.cornell.edu/uscode/text/26/1221
               | 
               | Arguably, software fits this definition, and under
               | 1221(a)(3)(C) it would not be a capital asset for most
               | closely-held companies (eg a lot of bootstrapped firms).
        
               | uoaei wrote:
               | Considering that this entire discussion revolves around
               | how the law is misaligned from the economic impacts of
               | business activities, it is a circular argument to use law
               | to explain and justify your argument.
        
               | pclmulqdq wrote:
               | Considering that this entire discussion revolves around
               | what is and isn't a "capital asset," which itself is a
               | legal term, I would suggest to you that the law is all we
               | have to argue about it. And the law, in general, sucks
               | here.
               | 
               | For most companies, 1221 doesn't apply, but some
               | companies are going to get screwed on this front by
               | having to incur a capital loss to pay for something that
               | is not a capital asset.
               | 
               | In a less legalistic sense, I'm not sure if there are
               | many companies who provide software-backed debt anyway.
               | That would make software less of a "capital asset" than
               | almost any other intangible asset out there.
        
               | gamblor956 wrote:
               | Revenue Ruling 55-706 provides that IP created by
               | employees of a corporation does not fall within the scope
               | of 1221(a)(3).
               | 
               | And generally, corporate-created IP is treated as a
               | capital asset on the books. This is in line with how
               | capital assets are generally treated; as other commenters
               | have noted, the expense of building a factory (including
               | the salaries of the construction workers, if employed
               | directly by the taxpayer) is also subject to
               | capitalization.
        
               | lesuorac wrote:
               | I'd prefer to get away from the lathe example because
               | it's not actually a great example of whats going on. I
               | solely used it because the person I was responding to
               | used it.
               | 
               | So back to software. If I have an idea for some company
               | (lets say Twitter2.0) and I bring in ~10M in revenue from
               | selling ad slots but I also paid a bunch of programmers
               | ~8M over the course of the year and somehow the rest of
               | overhead/expense was 1M. I think we can both agree 10M >
               | 9M and so my business venture is profitable.
               | 
               | However, come end of year I have book 10M - (1M + 1.6M) =
               | 7.4M of profit. You may wonder how I can book 7+M of
               | profit when I spent 9M on 10M of revenue and this is
               | exactly what this whole thread is about, programming
               | salaries must be amortized.
               | 
               | This leads to the problem I have to pay taxes on 7.4M of
               | profit using the 1M that I actually have left over so as
               | long as the tax rate is below 13% there's no problem but
               | if its any higher than I need to take out a loan to pay
               | taxes.
        
             | reaperman wrote:
             | Loan example doesn't work because it's not revenue used to
             | buy the lathe. That type of loan situation is exactly what
             | depreciation/amortization/MACRS is for. If the company
             | brings in $500,000 but buys a $1,000,000 lathe with a loan,
             | they have a net cash flow of +$500,000. Their NPV isn't
             | immediately affected by the loan liability because it's
             | offset by the positive value of the lathe asset.
             | 
             | Then they pay taxes on $357,100 of adjusted earnings
             | because under a 7-year MACRS depreciation, it's assumed the
             | lathe lost $142,900 of value in its first year of ownership
             | (under double-declining or straight-line methods).
             | 
             | Your first part is accurate though.
             | 
             | Anyways, this tax law is fucking terrible. W2 Wages should
             | not be capital expenses because you generally won't be
             | using loans to pay them.
        
           | troupe wrote:
           | One potential difference is that for many things that are
           | capital expenses (a building for example) a business is
           | likely to take out a loan in order to buy it, so they don't
           | have the full expense up front. A bank is probably not going
           | to loan you money to pay your developers at the same terms
           | they will loan you money to buy a building.
        
             | ElevenLathe wrote:
             | Makes sense, but why not (genuinely asking)? Is it just
             | that the bank can repossess the building if necessary, but
             | repossessing bespoke software is kind of pointless?
        
           | rhaway84773 wrote:
           | This is backwards. Capital expenses are amortized because you
           | purchase an asset that will give you value over multiple
           | years. So, for example, if you buy an office building, you
           | amortize the capital expense.
           | 
           | But what this does is says that if the product you created is
           | an asset, the salaries that go into creating that asset
           | should be treated as if it were purchasing that asset. The
           | office building equivalent would be the builder having to
           | treat the salary it paid its labor as a capital expense and
           | amortizing it.
           | 
           | That sounds beyond insane.
           | 
           | That being said, it's not a material change, if phased in
           | properly, so companies have time to spread their expenses
           | over a period of time.
           | 
           | But it looks like neither was this planned for (not
           | surprising because it's ridiculous on its face), nor does the
           | legislation phase it in a manner that can be properly
           | absorbed.
           | 
           | In practice companies will get hit hard the first year, but
           | save the equivalent amount over the next 3-4 years. So after
           | 5 years it will be a wash (ignoring the time value of
           | money...factoring in that makes it a loss, but not as much of
           | a loss). The problem is that it will create tremendous cash
           | flow problems as 5 years of tax is paid in 1 year.
        
             | amluto wrote:
             | > Capital expenses are amortized because you purchase an
             | asset that will give you value over multiple years. So, for
             | example, if you buy an office building, you amortize the
             | capital expense.
             | 
             | Even that seems like a pretty weak argument for what is
             | essentially a tax penalty.
             | 
             | At least for a purchase of a _liquid_ (or somewhat liquid)
             | capital asset, one could, in principle, re-sell it. But
             | most R &D has essentially no direct resale value and is not
             | being done to create a salable asset. It's done to create
             | knowledge or IP, which, in turn, is used to create
             | something salable.
             | 
             | I assume the purpose of requiring amortization of capital
             | expenses is to prevent abuses like buying an extremely
             | liquid asset, deducting the purchase price, and thus
             | deferring a tax bill.
        
             | dfkljsdlakj wrote:
             | > The office building equivalent would be the builder
             | having to treat the salary it paid its labor as a capital
             | expense and amortizing it.
             | 
             | If the builder is building the thing for themself, they do
             | in fact have to depreciate over the IRS-provided lifespan
             | of the building.
             | 
             | The software equivalent to a builder is an agency. If the
             | agency is building their own software, they now have to do
             | the same thing. If the agency is building for someone else,
             | they expense the labor immediatley.
        
             | ricardobayes wrote:
             | Honestly if a company's business model revolved around
             | getting 100% tax credits for dev salaries, that company
             | should in fact go away. A 100% rebate on taxes on an
             | already high margin and low expense business segment just
             | feels wrong.
        
               | grumple wrote:
               | It's not a rebate, it's salary. For a company bringing in
               | 1 million in revenue and paying 1 million in salary, they
               | literally don't have any money in the bank to pay taxes
               | because they haven't profited yet. If they profit the
               | next year because of their new "asset" giving them long
               | term benefits, they would pay then.
        
               | jakear wrote:
               | Isn't the simple solution to just not give away all of
               | your revenue before you pay your taxes?
               | 
               | The two constants are death and taxes, if you don't have
               | the revenue to pay them at your current burn rate, you
               | either find a way to burn less or your company just isn't
               | viable.
        
               | vikramkr wrote:
               | The idea of corporate taxes is to tax profits, not
               | revenue
        
               | jakear wrote:
               | Which just ends up with corporate accountants structuring
               | the books to minimize "profit".
               | 
               | I for one can't find it in me to get all that upset about
               | startups paying their fair share of taxes instead of
               | artificially inflating salaries to consume all of their
               | "revenue", thereby hoarding talent away from the labor
               | pool that would likely better serve the country as a
               | whole by working in... really anything besides risky
               | chronically unprofitable startups.
        
               | dahfizz wrote:
               | If the company has high margins and low expenses, then
               | their profits are already taxed. Its not like hiring one
               | SWE makes your tax bill go to zero.
        
         | rr808 wrote:
         | Realistically though the first year is:
         | 0 Revenue       - 1,000,000 Salary expense       -----------
         | - 1,000,000 Profit
         | 
         | So doesnt really make much difference
        
         | pclmulqdq wrote:
         | This also looks like it completely screws people who get
         | government research grants for their for-profit companies (eg
         | SBIRs). When I was thinking about one, my accountant was
         | telling me that the grant is technically revenue, which would
         | make it convert to taxable income less expenses. Forcing
         | companies to capitalize R&D basically means that you have to
         | pay tax on the grant funding first, leaving only the after-tax
         | value of the grant for actual R&D.
         | 
         | I doubt most grant proposals have a 20-30% haircut built into
         | the budget like that...
        
           | ModernMech wrote:
           | > I doubt most grant proposals have a 20-30% haircut built
           | into the budget like that...
           | 
           | Most university research budgets do yes, and actually more
           | than that.
        
           | mjwhansen wrote:
           | They are indeed hard hit as well. SBIR grant awardees sent
           | their own letter to Congress about this a month ago:
           | https://sbtc.org/sbtc-letter-to-congress-on-sec-174-tax-
           | conc...
        
           | 1auralynn wrote:
           | Yup, I am screwed because I got an SBIR grant in 2022. The
           | default indirect cost rate is ~30%. In this new scenario, it
           | should be something more like 60%, which reduces the usable
           | funds that can be spent on actual development (IF you can
           | even get a high rate like that approved by the govt agency)
           | 
           | EDIT: By "screwed" I mean that I'm facing a $100k personal
           | tax bill because the company is an LLC taxed as an S-Corp.
           | You can say all you want about lack of planning, etc, but the
           | reality is that many times very small business do not have
           | the budget for a high-end business accountant on retainer. If
           | I were to try to "plan better" to avoid this situation, I
           | would have just not written the grant or tried to do any of
           | it and gotten a FT job or something instead. It's an
           | innovation-killer.
        
             | mNovak wrote:
             | Which agency is this from? 30% is an insanely low indirect
             | rate. My experience comes dominantly from DoD SBIR, where
             | for Phase I's you propose your own indirect rate.
             | 
             | But yes, this law is awful for SBIR companies, because
             | we're forced to give a giant out of pocket interest-free
             | loan back to the gov
        
               | pclmulqdq wrote:
               | I'm guessing this was NSF or HHS, both of which have tons
               | of rules. DoE and DoD are much less controlling.
        
               | 1auralynn wrote:
               | NIH, it's 32%. You can negotiate a custom one somehow,
               | but I haven't waded into those waters yet.
        
             | pclmulqdq wrote:
             | I am personally very happy that my LLC's SBIR grant
             | proposals in 2022 were all turned down, because I wasn't
             | thinking about the disastrous tax consequences.
        
               | 1auralynn wrote:
               | Right? Like, should I even bother applying for Phase II
               | in September? There is no way I could afford to pay taxes
               | on $1.8M.
        
               | pclmulqdq wrote:
               | IMO you should talk to an accountant. It's pretty cheap
               | to do that in comparison to the tax bills (my accounting
               | bills are <$1000/year for a similar situation to you).
               | Phase II is a lot of money, and you may be able to get
               | some venture debt now that you're past Phase I to cover
               | what the SBIR doesn't (ie the taxes). There's also some
               | chance that the law around this will be reversed.
        
               | 1auralynn wrote:
               | Thanks - yeah, I was mostly being dramatic for effect,
               | there's no way I'm not applying for Phase II.
        
         | dcchambers wrote:
         | When seeing it written out like this is simple math, this tax
         | change seems absolutely insane. It would mean some (many?)
         | small businesses will face tax bills that are far higher than
         | any actual cash they have on hand. How did anyone ever think
         | this was a good idea?
        
           | bradlys wrote:
           | It was written to fuck over smaller companies. That was the
           | point of it.
        
             | pjdesno wrote:
             | The amortization change was a deliberate part of the 2017
             | tax cut. One of the express purposes of the tax changes was
             | to raise taxes on liberals, and I guess they figured that
             | companies that take the R&D credit are run by liberals.
        
             | dmix wrote:
             | Written by whom? What was the original bill?
        
               | ineptech wrote:
               | Answered upthread:
               | https://news.ycombinator.com/item?id=35615264
        
               | fragsworth wrote:
               | If it wasn't done by accident, then it was likely lobbied
               | for by bigger tech companies that are already profitable.
               | They stand to benefit the most from this kind of
               | legislation by destroying all the small competition, and
               | by being able to buy them up for cheap.
        
         | bitL wrote:
         | How does this work with consultants/contractors? Are they still
         | booked under R&D expenses?
        
           | celestialcheese wrote:
           | So doesn't this just incentivize replacing FTE's with
           | contracting firms when starting up?
        
             | shagie wrote:
             | https://www.claconnect.com/en/resources/articles/2023/a-cos
             | t...
             | 
             | > The amortization period is five years for domestic
             | expenses and 15 years for foreign expenses. Additionally,
             | for the first year of the amortization period, the expenses
             | are "placed in service" at the midpoint of the tax year.
             | Thus, the deduction in year one is only half the amount it
             | will be in subsequent years.
        
           | dfkljsdlakj wrote:
           | yes.
        
         | SomeBoolshit wrote:
         | That sounds a lot like that delicious regulatory capture that
         | giant companies like very much.
        
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