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OBBB signed: Reinstates immediate expensing for U.S.-based R&D

https://www.kbkg.com/feature/house-passes-tax-bill-sending-to-president-for-signature
203•tareqak•4h ago

Comments

tareqak•4h ago
> Foreign R&D must still be amortized over 15 years
macinjosh•3h ago
Awesome, this literally could not be better for American tech workers.
Den_VR•3h ago
So payroll for R&D is now entirely tax deductible? Businesses get to choose to pay taxes or do R&D for themselves?
lazide•3h ago
Either scenario taxes are paid - it’s just how and over what time period.
tomrod•3h ago
In the long run, we are all dead. 20% depreciation per year for any software developed is a burden for all but the largest of companies.
bobmcnamara•2h ago
This matched capex software.

Weird how the depreciation schedule changes based on how the software was acquired.

n_u•3h ago
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

https://news.ycombinator.com/item?id=44226145

alphazard•3h ago
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.

tomrod•3h ago
It was also weird because people pay money on income (dividend, partner payment, SCorp share, etc.) anyway, so in a long term view this incentivized companies to keep fewer software engineers on staff.
beebmam•3h ago
There's also H-1B (and other worker visa) restrictions/costs imposed. Overall, quite good for the American tech worker
Izikiel43•3h ago
Source?
beebmam•3h ago
Extra $250 fee for visa applications: https://judiciary.house.gov/media/press-releases/big-beautif...

3.5% remittance fees on sending money out of the US: https://www.globalimmigrationblog.com/2025/06/what-are-the-i...

Also (in above source), no ACA subsidies for H-1B visa holders (and others), which likely means employers they will have to pay more for health care if they want to cover their immigrant workers

tareqak•3h ago
Quoting all the fees in https://judiciary.house.gov/media/press-releases/big-beautif...

> Expansion of Immigration Fees:

> $1,000 asylum application fee — first in U.S. history

> $1,000 fee for individuals paroled into the U.S.

> $3,500 fee for sponsors of unaccompanied children

> $5,000 fee for sponsors of unaccompanied children who fail to appear in court

> $550 fee for work permits

> $500 application fee for Temporary Protected Status (TPS)

> $400 fee to file a diversity immigrant visa application

> $250 fee to register for the Diversity Visa Lottery

> $250 visa integrity fee

> $100 year fee while asylum applications remain pending

> $100 fee for continuances granted in immigration court

> $5,000 fee for individuals ordered removed in absentia

> $1,500 fee to adjust status to lawful permanent resident (green card)

> $1,050 fee for inadmissibility waivers

> $900 fee to appeal a decision by an immigration judge

> $900 fee to appeal a decision by DHS

> $1,325 fee to appeal in practitioner disciplinary cases

> $900 fee to file motions to reopen or reconsider

> $600 application fee for suspension of deportation

> $600 application fee for cancellation of removal (permanent residents)

> $1,500 application fee for cancellation of removal (non-permanent residents)

> $30 fee for Form I-94 (arrival/departure record), up from $6

apical_dendrite•2h ago
The $100/year fee while an asylum case is pending means that the government is charging someone for the government's own inability to process cases quickly.
Brybry•2h ago
The House's[1] SEC. 112104. EXCISE TAX ON REMITTANCE TRANSFERS. 3.5% tax became 1% in the Senate's[2] SEC. 70604. EXCISE TAX ON CERTAIN REMITTANCE TRANSFERS and a lot of the language changed.

The Senate made a lot of changes (Byrd rule also nuked a lot of stuff) so old articles are of limited use to the final bill.

I don't even know if [2] is the actual final text as there is neither an enrolled or public law version on congress.gov yet.

It's super annoying how often we can't read the final text of a bill before Congress votes on it.

[1] https://www.congress.gov/bill/119th-congress/house-bill/1/te...

[2] https://www.congress.gov/bill/119th-congress/house-bill/1/te...

unmole•1h ago
> 3.5% remittance fees on sending money out of the US:

The version of the bill that passed a 1% excise is applicable "only to any remittance transfer for which the sender provides cash, a money order, a cashier’s check, or any other similar physical instrument".

throwaway7783•3h ago
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•2h ago
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)

calvinmorrison•2h ago
NJ, home of the H1B scam. I worked with these guys at some large corporations on contract and as an employeed (F500 companies). I felt bad for them. Modern serfs. They lived in housing owned by you know the names of these indian firms that do 'anything'. Companies love the low cost, unlimited hours, and no need to hire, they're contractors. they sign deals with big indian vendors to provide everythingunderthesun.

Poor dudes are like ' this is my chance to make it in America' and the high caste indian management treats them like dirt.

The 'old boomers yelling at young people' is a myth in professional America compared to the absolute screaming insults you'd hear hurled at these guys.

And if they messed up? boom, gone, next guy flown in.

lukeschlather•1h ago
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.)
seany•23m ago
Huh? Eliminating h1bs tracks better with what's going on.
earth2mars•2h ago
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.
mischanix•1h ago
And I cannot leave this country any faster.
loeg•1h ago
You might look at the rest of the bill.
rufus_foreman•4h ago
Actual title is "House Passes Tax Bill Sending to President for Signature – Details Inside".
9283409232•2h ago
I think editorializing the title is fine in this case. The original headline is not descriptive and buries the part that would be relevant to HN.
tareqak•2h ago
I came across the article on Techmeme, and they used the following title: “President Trump signs the One Big Beautiful Bill, which allows immediate deduction of US software labor; foreign R&D still must be amortized over 15 years”.
n_u•3h ago
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

https://news.ycombinator.com/item?id=44226145

tomrod•3h ago
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•3h ago
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•2h ago
> 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•2h ago
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.

apsec112•2h ago
"Despite Democrats holding thin majorities in both chambers during a period of intense political polarization, the 117th Congress (2021-2023) oversaw the passage of numerous significant bills, including the Inflation Reduction Act, American Rescue Plan Act, Infrastructure Investment and Jobs Act, Postal Service Reform Act, Bipartisan Safer Communities Act, CHIPS and Science Act, Honoring Our PACT Act, Electoral Count Reform and Presidential Transition Improvement Act, and Respect for Marriage Act."

All of these except the first two were bipartisan and got 60 Senate votes (or more)

thomquaid•1h ago
https://www.senate.gov/reference/resources/pdf/yearlycompari...

It does seem like things are trending toward less public laws passing over the last decade, as well as record low time in session and other congressional activity.

9283409232•2h ago
The answer is to vote out politicians. Getting ranked choice voting on your states ballot would go a long way to fixing this. They would not have Mamdani on the ballot for NY mayor if it wasn't for ranked choice voting. Certain politicans know this and have made RCV illegal in their state. Get RCV on the ballot for your state.
mindslight•1h ago
RCV / Ranked Pairs of course. The IRV decision process is still a relic of the two party system, with the possibility for some pretty terrible strategic-voting dynamics as votes diverge from just two major parties.
a_wild_dandan•2h ago
What does that matter? We're talking trifectas here, not supermajorities. The filibuster is a cute remnant of "decorum." It's a vestigial rule which will disappear when too inconvenient. (Fun question with not-so-fun answers: why isn't the filibuster gone already?)
ethbr1•32m ago
> (Fun question with not-so-fun answers: why isn't the filibuster gone already?)

Because both parties are scared eventually the other party will be back in the majority.

sugarpimpdorsey•2h ago
The last time something like that happened was probably the Patriot Act.
Calavar•1h ago
The 2024 Ukraine defense funding bill passed despite having < 50% support in the majority party in the House, and it was not part of a reconciliation.
rpiguy•1h ago
Affordable Care Act (Obamacare) was the most sweeping legislation ever passed via reconciliation.
apsec112•1h ago
Obamacare was passed via regular order (60 Senate votes), not reconciliation. There was a follow-up package to tweak it that passed via reconciliation in 2010, but the original bill was regular order. It's the only (very brief) window where one party has held 60 Senate seats since 1977.
pfannkuchen•1h ago
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.
onlyrealcuzzo•54m ago
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.
earth2mars•3h ago
This. TCJA removed it and OBBBA restored it. What am I missing here
lesuorac•2h ago
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.

rhinoceraptor•2h ago
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.
mindslight•2h ago
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•1h ago
?

This applied to salaries, it wasn't a capital expenditure as "capital expenditure" has traditionally been defined.

This was an operational expense.

mindslight•1h ago
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.

creato•20m ago
At least 50% of time on every software team I've ever been on was spent on maintenance and fixing bugs.

You can expense such time as opex, but it has to be justified, and that's often difficult to do. Did you fix a bug by refactoring some code to avoid the problem? Is that capex or opex? Can you convince the IRS of such?

The old (and now new) rules eliminated this accounting game and uncertainty.

tomrod•1h ago
While accurate, capex captures the building of things, like hiring a company (that pays salaries) to build a factory.
lsllc•3h ago
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.

umeshunni•2h ago
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•2h ago
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•1h ago
> 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.

johncole•2h ago
I think we will see this lead to a boost in software developer employment.
Spartan-S63•2h ago
I’m hoping so, too, along with another boost in salary growth since they’re immediately expensable.
lsllc•2h ago
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.
mlinhares•1h ago
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.
x3n0ph3n3•1h ago
It's always been a nonsense narrative with lack of grounding in reality.
seattle_spring•26m ago
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•15m ago
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
noodletheworld•1h ago
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•45m ago
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.

agwa•2h ago
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-...
yieldcrv•2h ago
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.

acheron•1h ago
It proves they never actually cared in the first place, it’s just arguments as soldiers.
edaemon•1h ago
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•1h ago
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

nine_zeros•58m ago
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•21m ago
The fact that of all of the horrendous things in this bill, a good chunk of the commenters on this site chose to hyper-focus on a specific arguable bright spot fills me with an unconscionable rage that I haven't felt in a very long time.

It comes off as spectacularly tone deaf, almost akin to hearing screams of the suffering and deliberately putting fingers in ones ears.

WatchDog•1m ago
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.

ttul•23m ago
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•15m ago
So this is going to get all those jobs back that people have been layed off for right? Right?
0xbadcafebee•1m ago
[delayed]

OBBB signed: Reinstates immediate expensing for U.S.-based R&D

https://www.kbkg.com/feature/house-passes-tax-bill-sending-to-president-for-signature
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