26 U.S.C. 41: Credit for increasing research activities

2022

• Pub. L. 117–169, §13902(a), designated existing provisions as subcl. (I), inserted heading, and added subcl. (II). Law text · (h)
• Pub. L. 117–169, §13902(c), substituted "each of the $250,000 amounts" for "the $250,000 amount". Law text · (h)

2018

• Pub. L. 115–141, §101(c)(1), (2), redesignated par. (5) as (4) and struck out former par. (4) which related to election of alternative incremental credit. Law text · (c)
• Pub. L. 115–141, §401(b)(6), struck out "(12 percent in the case of taxable years ending before January 1, 2009)" after "14 percent". Law text · (c)
• Pub. L. 115–141, §101(c)(3), struck out at end "An election under this paragraph may not be made for any taxable year to which an election under paragraph (4) applies." Law text · (c)
• Pub. L. 115–141, §101(c)(2), redesignated pars. (5) to (7) as (4) to (6), respectively. Law text · (c)

2017

• Pub. L. 115–97, §13206(d)(1), substituted "specified research or experimental expenditures under section 174" for "expenses under section 174". Law text · (d)
• Pub. L. 115–97, §11002(d)(1)(F), substituted "for 'calendar year 2016' in subparagraph (A)(ii)" for "for 'calendar year 1992' in subparagraph (B)". Law text · (e)
• Pub. L. 115–97, §11002(d)(2), substituted "1(f)(3)(A)(ii)" for "1(f)(3)(B)" and "2016" for "1992". Law text · (e)

2015

• Pub. L. 114–113, §121(c)(1), added subsec. (h). Law text · (h)
• Pub. L. 114–113, §121(a)(1), struck out subsec. (h) which provided the termination date for applicability of this section and the alternative incremental credit and provided the computation for taxable year in which credit terminates. Law text · (h)

2014

• Pub. L. 113–295 substituted "paid or incurred after December 31, 2014." for "paid or incurred— Law text · (h)

2013

• Pub. L. 112–240, §301(c)(1), substituted "shall be determined on a proportionate basis to its share of the aggregate of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, taken into account by such controlled… Law text · (f)
• Pub. L. 112–240, §301(c)(2), substituted "shall be determined on a proportionate basis to its share of the aggregate of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, taken into account by all such person… Law text · (f)
• Pub. L. 112–240, §301(b)(1), amended subpar. (A) generally. Prior to amendment, text read as follows: "If, after December 31, 1983, a taxpayer acquires the major portion of a trade or business of another person (hereinafter in this paragraph referred to as the 'predecessor') or t… Law text · (f)
• Pub. L. 112–240, §301(b)(2), amended subpar. (B) generally. Prior to amendment, text read as follows: "If, after December 31, 1983— Law text · (f)
• Pub. L. 112–240, §301(a)(1), substituted "December 31, 2013" for "December 31, 2011". Law text · (h)

2010

• Pub. L. 111–312 substituted "December 31, 2011" for "December 31, 2009". Law text · (h)

2008

• Pub. L. 110–343, §301(c), substituted "14 percent (12 percent in the case of taxable years ending before January 1, 2009)" for "12 percent". Law text · (c)
• Pub. L. 110–343, §301(a)(1), substituted "December 31, 2009" for "December 31, 2007". Law text · (h)
• Pub. L. 110–343, §301(d), redesignated par. (3) as (2) related to computation for taxable year in which credit terminates. Law text · (h)
• Pub. L. 110–343, §301(b), added par. (2). Former par. (2) redesignated (3). Law text · (h)
• Pub. L. 110–343, §301(d), amended par. (3) generally, redesignating it as par. (2) related to computation for taxable year in which credit terminated and amending heading and text generally. Prior to amendment, text read as follows: "In the case of any taxable year with respect to w… Law text · (h)
• Pub. L. 110–343, §301(b), redesignated par. (2) as (3). Law text · (h)

2007

• Pub. L. 110–172, §6(c)(1), inserted "for energy research" before period at end. Law text · (a)
• Pub. L. 110–172, §11(e)(2), substituted "qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums," for "qualified research expenses and basic research payments". Law text · (f), (B)
• Pub. L. 110–172, §6(c)(2), added subpar. (E). Law text · (f)

2006

• Pub. L. 109–432, §104(b)(1)(A), substituted "3 percent" for "2.65 percent". Law text · (c)
• Pub. L. 109–432, §104(b)(1)(B), substituted "4 percent" for "3.2 percent". Law text · (c)
• Pub. L. 109–432, §104(b)(1)(C), substituted "5 percent" for "3.75 percent". Law text · (c)
• Pub. L. 109–432, §104(c)(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. Law text · (c)
• Pub. L. 109–432, §104(a)(1), substituted "2007" for "2005". Law text · (h)

2005

• Pub. L. 109–58, §1351(a)(1), added par. (3). Law text · (a)
• Pub. L. 109–135, §402(l)(2), struck out "(other than an energy research consortium)" after "organization" in introductory provisions. Law text · (b)
• Pub. L. 109–58, §1351(a)(3), inserted "(other than an energy research consortium)" after "organization" in introductory provisions. Law text · (b)
• Pub. L. 109–58, §1351(b), added subpar. (D). Law text · (b)
• Pub. L. 109–58, §1351(a)(2), added par. (6). Law text · (f)
• Pub. L. 109–135, §402(l)(1), added subpars. (C) and (D). Law text · (f), (D)

2004

• Pub. L. 108–311 substituted "December 31, 2005" for "June 30, 2004". Law text · (h)

1999

• Pub. L. 106–170, §502(b)(1)(A), substituted "2.65 percent" for "1.65 percent". Law text · (c)
• Pub. L. 106–170, §502(b)(1)(B), substituted "3.2 percent" for "2.2 percent". Law text · (c)
• Pub. L. 106–170, §502(b)(1)(C), substituted "3.75 percent" for "2.75 percent". Law text · (c)
• Pub. L. 106–170, §502(c)(1), inserted ", the Commonwealth of Puerto Rico, or any possession of the United States" before period at end. Law text · (c), (d)
• Pub. L. 106–170, §502(a)(1)(B), struck out concluding provisions which read as follows: "Notwithstanding the preceding sentence, in the case of a taxpayer making an election under subsection (c)(4) for its first taxable year beginning after June 30, 1996, and before July 1, 1997, th… Law text · (h)
• Pub. L. 106–170, §502(a)(1)(A), substituted "June 30, 2004" for "June 30, 1999". Law text · (h)

1998

• Pub. L. 105–277 substituted "June 30, 1999" for "June 30, 1998" in subpar. (B) and substituted "36-month" for "24-month" and "36 months" for "24 months" in concluding provisions. Law text · (h)

1997

• Pub. L. 105–34, §601(b)(1), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: "An election under this paragraph may be made only for the first taxable year of the taxpayer beginning after June 30, 1996. Such an election shall apply to th… Law text · (c)
• Pub. L. 105–34, §601(a), substituted "June 30, 1998" for "May 31, 1997" in subpar. (B) and "during the 24-month period beginning with the first month of such year. The 24 months referred to in the preceding sentence shall be reduced by the number of full months after June 1996 (and … Law text · (h)

1996

• Pub. L. 104–188, §1201(e)(1), (4), substituted "work opportunity credit" for "targeted jobs credit" in heading and text. Law text · (b)
• Pub. L. 104–188, §1204(d), added subpar. (C). Law text · (b)
• Pub. L. 104–188, §1204(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The fixed-base percentage shall be determined under this subparagraph if there are fewer than 3 taxable years beginning after December 31, 1983, a… Law text · (c)
• Pub. L. 104–188, §1204(c), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. Law text · (c)
• Pub. L. 104–188, §1204(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: Law text · (h)

1993

• Pub. L. 103–66, §13112(a), amended heading and text of cl. (ii) generally. Prior to amendment, text read as follows: "In a case to which this subparagraph applies, the fixed-base percentage is 3 percent." · (c)
• Pub. L. 103–66, §13112(b)(1), substituted "clauses (i) and (ii)" for "clause (i)". · (c)
• Pub. L. 103–66, §13112(b)(2), substituted "subparagraphs (A) and (B)(ii)" for "subparagraph (A)". · (c)
• Pub. L. 103–66, §13201(b)(3)(C), substituted "1992" for "1989" in cls. (i) and (ii). · (e)
• Pub. L. 103–66, §13111(a)(1), substituted "June 30, 1995" for "June 30, 1992" in pars. (1) and (2) and "July 1, 1995" for "July 1, 1992" in two places in par. (2). · (h)

1991

• Pub. L. 102–227 substituted "June 30, 1992" for "December 31, 1991" in pars. (1) and (2), and "July 1, 1992" for "January 1, 1992" in two places in par. (2). · (h)

1990

• Pub. L. 101–508, §11101(d)(1)(C)(i), inserted before period at end ", by substituting 'calendar year 1987' for 'calendar year 1989' in subparagraph (B) thereof". · (e)
• Pub. L. 101–508, §11101(d)(1)(C)(ii), (iii), substituted "1989" for "1987" and inserted at end "Such substitution shall be in lieu of the substitution under clause (i)." · (e)
• Pub. L. 101–508, §11402(a), substituted "December 31, 1991" for "December 31, 1990" wherever appearing and "January 1, 1992" for "January 1, 1991" wherever appearing. · (h)

1989

• Pub. L. 101–239, §7110(b)(2)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "the base period research expenses, and". · (a)
• Pub. L. 101–239, §7110(b)[(c)], added par. (4). · (b)
• Pub. L. 101–239, §7110(b)(1), substituted "Base amount" for "Base period research expenses" in heading and amended text generally, substituting pars. (1) to (5) for former pars. (1) to (3) which defined "base period research expenses" and "base period" and prescribed minimum base perio… · (c)
• Pub. L. 101–239, §7110(b)(2)(B), substituted "base amount" for "base period research expenses". · (e)
• Pub. L. 101–239, §7110(b)(2)(C), substituted "proportionate shares of the qualified research expenses and basic research payments" for "proportionate share of the increase in qualified research expenses" in subpars. (A)(ii) and (B)(ii). · (f)
• Pub. L. 101–239, §7110(b)(2)(D), substituted "December 31, 1983" for "June 30, 1980" and inserted before period at end ", and the gross receipts of the taxpayer for such periods shall be increased by so much of the gross receipts of such predecessor with respect to the acquired t… · (f)
• Pub. L. 101–239, §7110(b)(2)(E), substituted "December 31, 1983" for "June 30, 1980" in introductory provisions and inserted before period at end ", and the gross receipts of the taxpayer for such periods shall be decreased by so much of the gross receipts as is attributable to s… · (f)
• Pub. L. 101–239, §7110(b)(2)(F), substituted "Certain reimbursements taken into account in determining fixed-base percentage" for "Increase in base period" in heading, "for the taxable years taken into account in computing the fixed-base percentage shall be increased by the lesse… · (f)
• Pub. L. 101–239, §7110(b)(2)(G), inserted "and gross receipts" after "qualified research expenses". · (f)
• Pub. L. 101–239, §7814(e)(2)(C), redesignated subsec. (i) as (h) and struck out former subsec. (h) which related to election, time for election, and manner of election by taxpayer to have research credit not apply for a taxable year. · (h)
• Pub. L. 101–239, §7110(a)(1)(A), substituted "December 31, 1990" for "December 31, 1989". · (h)
• Pub. L. 101–239, §7110(a)(1), substituted "January 1, 1991" for "January 1, 1990" in two places and substituted "December 31, 1990" for "December 31, 1989". · (h)
• Pub. L. 101–239, §7110(b)(2)(H), substituted "base amount" for "base period expenses" in heading and "the base amount with respect to such taxable year shall be the amount which bears the same ratio to the base amount for such year (determined without regard to this paragraph)" for "any amount for … · (h)
• Pub. L. 101–239, §7814(e)(2)(C), redesignated subsec. (i) as (h). · (i)

1988

• Pub. L. 100–647, §1002(h)(1), inserted at end "If the amount determined under subsection (a) for any taxable year exceeds the limitation of the preceding sentence, such amount may be carried to other taxable years under the rules of section 39; except that the limitation of the precedi… · (g)
• Pub. L. 100–647, §4008(b)(1), added subsec. (h). Former subsec. (h) redesignated (i). · (h)
• Pub. L. 100–647, §4008(b)(1), redesignated former subsec. (h) as (i). · (i)
• Pub. L. 100–647, §4007(a), substituted "1989" and "1990" for "1988" and "1989", respectively, wherever appearing in subsec. (h), prior to redesignation as subsec. (i) by Pub. L. 100–647, §4008(b)(1). · (i)

1986

• Pub. L. 99–514, §231(d)(2), renumbered section 30 of this title as this section.
• Pub. L. 99–514, §231(c)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the excess (if any) of— · (a)
• Pub. L. 99–514, §231(e), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "any amount paid or incurred to another person for the right to use personal property in the conduct of qualified research." · (b)
• Pub. L. 99–514, §1847(b)(1), substituted "targeted jobs credit" for "new jobs or WIN credit" in heading. · (b)
• Pub. L. 99–514, §231(b), inserted "defined" in heading and amended text generally. Prior to amendment, text read as follows: "For purposes of this section the term 'qualified research' has the same meaning as the term research or experimental has under section 174, except that such ter… · (d)
• Pub. L. 99–514, §231(c)(2), amended subsec. (e) generally, substituting "Credit allowable with respect to certain payments to qualified organizations for basic research" for "Credit available with respect to certain basic research by colleges, universities, and certain research organiz… · (e)
• Pub. L. 99–514, §231(d)(3)(C)(ii), amended subsec. (g) generally, substituting provisions relating to special rule for pass-thru of credit for provisions relating to limitation on amount of credit for research based on amount of tax liability. · (g)
• Pub. L. 99–514, §231(a)(1), added subsec. (h). · (h)

1984

• Pub. L. 98–369, §471(c), renumbered section 44F of this title as this section.
• Pub. L. 98–369, §474(i)(1)(A), substituted "in determining the targeted jobs credit under section 51(a)" for "in computing the credit under section 40 or 44B". · (b)
• Pub. L. 98–369, §612(e)(1), substituted "section 26(b)" for "section 25(b)". · (g)
• Pub. L. 98–369, §474(i)(1)(B), amended subpar. (A) generally, substituting "shall not exceed the taxpayer's tax liability for the taxable year (as defined in section 25(b)), reduced by the sum of the credits allowable under subpart A and sections 27, 28, and 29" for "shall not exceed the amount of … · (g)

1983

• Pub. L. 97–448 inserted provision that cl. (iii) would not apply to any amount to the extent that the taxpayer (or any person with whom the taxpayer must aggregate expenditures under subsection (f)(1)) received or accrued any amount from any other person for the right to use subs… · (b)

1982

• Pub. L. 97–354, §5(a)(3)(A), substituted "Pass-thru in the case of estates and trusts" for "Pass-through in the case of subchapter S corporations, etc." in subpar. heading, and substituted provisions relating to the applicability of rules similar to rules of subsec. (d) of sectio… · (f)
• Pub. L. 97–354, §5(a)(3)(B), substituted "an S corporation" for "an electing small business corporation (within the meaning of section 1371(b))". · (g)