OBBB signed: Reinstates immediate expensing for U.S.-based R&D
111 comments
·July 5, 20250xbadcafebee
jimmydorry
The largest competitor to US renewables, would be China. They have been rolling back their subsidies for years. [1]
China, India, Russia, Turkey, Japan, South Korea, and Indonesia (off the top of my head, and a quick google to add a few I missed [2]) have all increased investments into coal since 2020.
The renewable industry in the US was wrought with companies seizing as many renewable credits and subsidies as they can, while providing as little as possible to show for them. If this moves the industry as a whole to focus on projects that are not just marginal at best, we should start to see better traction on projects that actually matter.
We have long been told that renewables are cheaper in every way that matters, so let's see the economics of that play out.
[1] https://www.reuters.com/business/energy/china-roll-back-clea...
[2] https://ember-energy.org/latest-updates/wind-and-solar-repla...
sp527
Any green energy project that isn't nuclear is a waste of money and resources. Nuclear is now being pursued in earnest by the tech industry itself. There's no problem here.
nandomrumber
What evidence is there of governments being more successful at picking winners than the market?
Governments should stay out of the winner-picking business, which they do with money from the public purse, and allow individuals and enterprise to use their own money to have a go at picking winners themselves.
If industry and banks find investment in any particular field unpalatable without Government incentive, then those investments were unpalatable to start with.
Industry and banks will find something better to do with their money.
ChromaticPanic
This isn't a game so it's not about picking winners. It's about steering the economy so local businesses get an advantage over foreign entities.
jaybrendansmith
Sure, I'll bite. Will they invest in more coal and gas instead? And help cook the planet? You post as if you don't know what it's about, but of course you do. Disingenuous and contemptible.
agwa
As a small software business owner, I have to agree with Michele Hansen (who spent 2 years advocating on behalf of small software businesses for this very change): "we’re finally going to get Section 174 relief, and I couldn’t be angrier" https://www.linkedin.com/posts/mjwhansen_it-looks-like-were-...
benreesman
Yeah. This is a tough one. Its a really bad bill that happens to also be the best thing that could happen in the economic life of most any programmer.
This is going to make a lot of people's lives a lot worse and I'm against it even though it's an absurd windfall for me and people like me.
nine_zeros
The relief was provided to a crisis created by the TJCA in 2017 in the first place. They set they sunset clause that demolished the industry in the past 2 years.
GOP and their blind supporters are just crooks.
LexiMax
[flagged]
WatchDog
Unless there is some kind of relationship to tech, political posts are generally removed from this site.
You shouldn’t interpret this sites focus as the people that post here not thinking there are more important things.
LexiMax
I'm familiar with the voting patterns of HN users.
For this reason I tend to browse HN using the https://news.ycombinator.com/active frontpage because it contains the flagged topics that certain users of this site attempt to hide, while also preserving the vast majority of interesting tech-related topics.
Teever
There's no guarantee that posts related to tech that are also related to political stuff will avoid being flagged.
Even when there is a relationship with tech political posts are generally removed if they don't align with a zeitgeist of modern America that seems to chose to fall in line instead of resisting unseemly actions by the new government.
yieldcrv
I disagree, every rider was independently lobbied for and the outcome would be the same if passed separately by Congress or as a rider in a larger bill like it was.
There is no reason to have cognitive dissonance over it.
edaemon
If every rider was independently proposed the outcome wouldn't be the same, reconciliation wouldn't apply and 60 Senate votes would be required to pass them.
yieldcrv
decent point
two counteracting forces:
The senate parliamentarian decided they could be in the reconciliation bill
and outside of the reconciliation bill, believe it or not, Congress does pass other bills over the 60 senate vote threshold
This R&D one would be a decent candidate
acheron
It proves they never actually cared in the first place, it’s just arguments as soldiers.
tomrod
If correct, this is a good thing on a generally bad, overstuffed bill. Immediate expensing never should have been changed in the first place, and it was always weird seeing people twist themselves in knots defending it.
xp84
It’s an overstuffed bill because nobody will compromise on anything so the only way to pass a bill that has anything even remotely controversial to either party is one reconciliation bill a year.
dragonwriter
> It’s an overstuffed bill because nobody will compromise on anything so the only way to pass a bill that has anything even remotely controversial to either party is one reconciliation bill a year.
No, and lots of controversial bills have passed other than as reconciliation bills, and especially so during trifectas where they "controversial" within the minority party but broadly supported by the majority; reconciliation is necessary to pass something that strains unity in the majority party and is uniformly opposed by (not "controversial to") the minority party, perhaps.
cheriot
In the last 10 years, have there been more than a handful of bills that got 60 votes in the senate?
I wouldn't like what the current congress would do without the filibuster, but at this point a paralyzed system might be worse.
sugarpimpdorsey
The last time something like that happened was probably the Patriot Act.
onlyrealcuzzo
Which is why we need to get rid of reconciliation and go back to actually needing to get compromise, but hell will freeze over twice before that happens.
pfannkuchen
It seems like a more formalized quid pro quo system is needed so that political favors can be split across bills and relied upon. This sort of thing seems to be human nature, it doesn’t help anyone to pretend in the procedural rules that it doesn’t happen.
earth2mars
This. TCJA removed it and OBBBA restored it. What am I missing here
rhinoceraptor
Classic 45-47 maneuver, first create a problem. Then solve it, often poorly and incompletely. Finally, claim victory, another 300 IQ 5D chess move in the books.
lesuorac
It lets you claim BBB doesn't increase the budget by as much as it'll ultimately do.
By having a bunch of random provision in BBB that generate revenue it lowers it's impact on the defect and then you can repeal them later on after passing BBB.
mindslight
Twisting not required. Depreciation straightforwardly applies to every other business capital expenditure. Hire someone to put a new roof on a rental property, and you're out the tens of thousands of dollars cash while only getting an immediate deduction for one thirtieth of the value. If you were expecting to pay that cash out of income, it's effectively a realized income and then reinvestment.
The recent (-ly undone) change went against decades of how things were, was crippling for medium size cashflow-positive startups, effectively increased taxes, etc. But it was really just a straightforward application of the general principles that apply to most everything else.
djoldman
?
This applied to salaries, it wasn't a capital expenditure as "capital expenditure" has traditionally been defined.
This was an operational expense.
tomrod
While accurate, capex captures the building of things, like hiring a company (that pays salaries) to build a factory.
mindslight
Yes, salaries spent to build a capital asset. Half the cost of a new roof is paying salaries, right? And yet, you still depreciate the whole value of the completed thing, not just the cost of the input materials. If you hire the roofers yourself as employees, you're still supposed to be accounting this way - although obviously there are many ways to fudge it.
The point is that building a piece of software that is going to be in use for several+ years is creating an asset. It just goes against our intuition since this industry is so driven by fast fashion, and the bookkeeping of specific components, their depreciation schedules, early end of life, (etc) seems like needless complexity.
n_u
It also classifies software development as R&D which together with immediate expensing for R&D undoes the Section 174 changes as far as I understand.
“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“
Page 303 of bill here https://www.congress.gov/119/bills/hr1/BILLS-119hr1eas.pdf
Original article about Section 174 tax code causing layoffs
https://news.ycombinator.com/item?id=44180533
Post from @dang with more info about Section 174
ttul
Meanwhile, in Canada, not only can you expense R&D, but there is a cashable tax refund that will give you back about 60% of your developers’ salaries…
jofzar
So this is going to get all those jobs back that people have been layed off for right? Right?
nine_k
Hiring software engineers is going to become less expensive. So likely there's going to be more jobs on the market, and maybe better jobs.
But when a forest is cut, usually a new forest that grows on that place looks different.
supportengineer
Reversion to the mean
coliveira
Of course not.
lsllc
Looks like prior years can be caught up with:
> Companies with capitalized domestic R&D expenses from 2022–2024 can elect a catch-up deduction, which could significantly improve cash flow for firms engaged in innovation.
root_axis
I believe the impact of Section 174 has been vastly overstated, sadly we will soon observe this to be the case.
johncole
I think we will see this lead to a boost in software developer employment.
mlinhares
I doubt it, the narrative is that software engineering is dead and everything will be replaced by AI, so that salaries can continue to be depressed. Just like the original passing didn't really cause much trouble in the general market this repeal will mostly just produce more shareholder value.
BobbyJo
Original passing didn't cause much trouble because the provision didn't take effect til 4 years later.
seattle_spring
Anyone who knows anything about software and has used AI for more than 24 hours knows that AI won't be "replacing" software engineering anytime soon.
ldjkfkdsjnv
ive been coding 5+ hours a day almost every day for 15 years. i think ai will replace 70% of SWE in the near future. not employement, but 70% of the current work done by engineers
x3n0ph3n3
It's always been a nonsense narrative with lack of grounding in reality.
lsllc
Might even ameliorate some of the corporate RTO efforts and now s/w devs will have more employment choice and a presumably more vibrant job market.
noodletheworld
Are you being serious or sarcastic? I cant tell.
Seriously, that seems unlikely.
Changes like this may have an impact on employment but it’s impossible to observe the results in a vacuum.
Given that most large companies are towing the “AI means less jobs required” line, it seems likely that this will, at best, modestly slow the rate at which companies divest themselves of software developers.
I cant see any reasonable reason, in a broader context, this would have a meaningful impact.
(Yeah yeah, AI means more jobs one day maybe, but right now that is categorically not true, and the future is always pure speculation, but in the near term, the impact of this seems like it probably wont be material to me; maybe a small reduction in the number of layoffs)
kelnos
At best it will undo some of the decline over the past 2-3 years.
This "solution" is to a problem the GOP created themselves during Trump's first term, when they made the R&D deduction stuff expire in 2022.
Spartan-S63
I’m hoping so, too, along with another boost in salary growth since they’re immediately expensable.
tareqak
> Foreign R&D must still be amortized over 15 years
me551ah
Sure, foreign R&D still gets amortized over 15 years (NPV ≈59 % of a full write-off, so you “lose” ~8.6 % of your R&D spend in present-value terms, and only 6.7 % of the cost is deductible in year 1, creating a 19.6 % cash-tax gap).
But offshore wages are often 50–70 % below U.S. rates:
• Even after the slower amortization drag, hiring at half the cost nets you ~30 % total savings on R&D headcount.
• On a pure cash basis you only need ~20 % lower wages to break even; most offshore markets easily exceed that.
• So the labor-cost arbitrage far outweighs the tax timing penalty unless your foreign salaries are less than ~20 % below U.S. levels.
In short: the 15-year amort rule hurts your tax deduction, but 50 %+ lower offshore wages more than make up for it.
macinjosh
Awesome, this literally could not be better for American tech workers.
beebmam
There's also H-1B (and other worker visa) restrictions/costs imposed. Overall, quite good for the American tech worker
lukeschlather
IDK, sounds like it's a bunch of stupid misc. fees. So instead of just raising the minimum wage for H1Bs and indexing it to inflation, they raise taxes (and these taxes on H1Bs don't seem like a consequential funding source. They might even bring in less tax revenue than raising the H1B minimum wage to where it should be if it had originally been indexed to inflation.)
throwaway7783
I don't see anything supporting this in the text of OBBB, nor in the definition of domestic research expense (https://www.irs.gov/pub/irs-regs/research_credit_basic_sec41...). Where did you see this?
Edit: Oh you mean costs in general, not in the context of section 147
lesuorac
Meh.
If you hire H-1B you should be required to pay a fee greater than it costs to educate an equivalent American. Otherwise you're always in the situation where you have to hire foreigners because no Americans are trained. (or in reality you hire foreigners because they're cheaper for the same role which this no longer makes it the case)
Izikiel43
Source?
mischanix
And I cannot leave this country any faster.
earth2mars
Yes, but why the domestic r&d must be amortized only within 5 years? One way it is harder for finance to deduct all the expense within 1 year or they have to amortize only within 5 years. In case of foreign r&d expenses though they cannot detect in the year they incur but they have 15 years amortize. So I don't get the benefit of. In fact if they haven't touched this it could have been much better. In tcja they made it worse. And they fix it partially by making it deductible within the year they incur for domestic r&d. But the amortization still kills it.
loeg
You might look at the rest of the bill.
Den_VR
So payroll for R&D is now entirely tax deductible? Businesses get to choose to pay taxes or do R&D for themselves?
alphazard
Tax deductible is a weird way of phrasing it. It's not like these software companies were counting their money at the end of the quarter, and then deciding to do R&D instead of paying taxes. They had already paid R&D expenses to build the product, which gained them revenue. Previously they weren't allowed to actualize the cost of R&D all at once, so the business could be losing money, and still have to pay taxes on top of the loss (which is nuts).
This fixes the problem, so now if you spend $100 on software developers, and you make $100 from the software, then you have $0 income, instead of $80 income.
n_u
It’s more about whether or not the company has taxable profits for that year (importantly these are not the same as real profits). I would read this article to understand more about how being forced to amortize tax deductions for expenses affects a business’s taxes.
https://news.ycombinator.com/item?id=44180533
more info here too
lazide
Either scenario taxes are paid - it’s just how and over what time period.
umeshunni
The 2nd most annoying thing about section 174 was all the time you had to spend classifying each engineer's time spent as R&D or 'internal software'. At my last company, every year, me and my engineering lead counterparts would spent almost a day reviewing each engineer's JIRA tickets to reconstruct how much of their time was spent on R&D vs internal software.
supriyo-biswas
At a previous employer, they used to have this process where they would classify each project as being in active development or being in maintenance, and even the tiniest bit of development work required the "initiation" of a "project" with budget planning and approvals.
At the time I dismissed it as a bureaucratic process invented by the company; after all, they had no dearth of leaders adding bureaucracy to systems for the purpose of empire-building and, to a lesser extent, asserting self-importance. However, upon reading about Section 174, it made some sense, and I wonder whether they might just get around to removing these processes.
viraptor
> and even the tiniest of development work required the "initiation" of a "project" with budget planning and approvals.
That's fully automateable though, right? Sounds like my script to upload a PR, create a JIRA ticket with the same name, link them up, auto-Done on merge.
samrus
You cant automate the tactical assessment of "do we want to incur this tax?" Not easily anyway
nashashmi
This was the expense that was removed in the first Trump tax bill. Amazing how it takes another super tax bill just to get it through
The elimination of green energy incentives is going to have a big negative effect on the economy. Those billions of dollars not only were going to new businesses and jobs, but they were joined with loans from banks and commitments from customers with the expectation that the government would be funding the remainder. This means private industry and banks will be shouldering the loss of hundreds of billions of dollars, which, as any astute person should know by now, later gets shouldered by the average citizen in rate hikes, stock market plunges, increased inflation, etc. There goes your job and 401k and here comes more expensive products.
Aside from the direct negative effects: we lose even more to foreign countries who now have even more runway to gain expertise in green energy and sell to everyone else investing in it. Nobody but the 3rd world is increasing investments in coal/oil and there's no money we could make there anyway. So there goes any money we could've made on energy internationally.
Either this country is intentionally being tanked, or we're in the stupidest timeline.