Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/i6765/202301/a/xml/cycle05/source (Init. & Date) _______ Page 1 of 6 12:08 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for Form 6765 (Rev. January 2023) Credit for Increasing Research Activities Section references are to the Internal Revenue Code unless separately with respect to each business component of the otherwise noted. taxpayer. The research credit generally isn’t allowed for the following types of activities. Future Developments • Research conducted after the beginning of commercial For the latest information about developments related to production. Form 6765 and its instructions, such as legislation enacted • Research adapting an existing product or process to a after they were published, go to IRS.gov/Form6765. particular customer’s need. • Duplication of an existing product or process. What’s New • Surveys or studies. • Research relating to certain internal-use computer Research credit claims on amended returns. If you are software. claiming a refund or credit on an amended return or an Research conducted outside the United States, Puerto • administrative adjustment request (AAR) that includes a Rico, or a U.S. possession. section 41 credit for increasing research activities (research Research in the social sciences, arts, or humanities. • credit), you must also provide certain specific information for Research funded by another person (or governmental • your claim to be considered valid. See Research Credit entity). Claims on Amended Returns, later. Partners of Bipartisan Budget Act (BBA) Partnership. If you incur qualified clinical testing expenses relating to See Partners of BBA Partnership, later, for more information drugs for certain rare diseases, you can elect to claim the about adjustments to credits. orphan drug credit for these expenses instead of the research credit. See Form 8820, Orphan Drug Credit. General Instructions See section 41 and Regulations sections 1.41-2 and 1.41-4 for other definitions and special rules. Purpose of Form Use Form 6765 to figure and claim the credit for increasing Eligible Small Business (For Purposes of research activities, to elect the reduced credit under section Offsetting AMT Only) 280C, and to elect to claim a certain amount of the credit as a An eligible small business is: payroll tax credit against the employer portion of social • A corporation whose stock isn’t publicly traded, security taxes. • A partnership, or • A sole proprietorship. Partnerships and S corporations must file this form to claim the credit. All others are generally not required to The average annual gross receipts of the corporation, complete or file this form if their only source for this credit is a partnership, or sole proprietorship for the 3-tax-year period partnership, S corporation, estate, or trust. Instead, they can preceding the tax year of the credit can’t exceed $50 million. report this credit directly on Form 3800, General Business Gross receipts for any tax year must be reduced by returns Credit. The following exception applies: You are a taxpayer and allowances made during the year. Any reference to your that is an estate or trust and the credit can be allocated to business also includes a reference to any predecessor of beneficiaries. For more details, see the instructions for your business. If your business wasn’t in existence for the Schedule K-1 (Form 1041), box 13. entire 3-year period, base your average annual gross receipts on the period your business existed. Also, if your Note. Corporations filing an amended return to claim a credit business had a tax year of less than 12 months, your gross or refund of the research credit, see Notice 2008-39, 2008-13 receipts must be annualized by multiplying the gross receipts I.R.B. 684, available at IRS.gov/irb/ for the short period by 12 and dividing the result by the 2008-13_IRB#NOT-2008-39, for information on where to file. number of months in the short period. Definitions Note. Gross receipts must meet the definition under section 448(c)(2) and (3) and Regulations section 1.448-1T(f)(2)(iv). Qualified Research Member of controlled group, business under common The research credit is generally allowed for expenses paid or control, or affiliated group. For purposes of the gross incurred for qualified research. Qualified research means receipts test, all members of a controlled group of research for which expenses may be treated as section 174 corporations (as defined in section 52(a)) and all members of expenses. This research must be undertaken for discovering a group of businesses under common control (as defined in information that is technological in nature, and its application section 52(b)) are treated as a single person; and all must be intended for use in developing a new or improved employees of the members of an affiliated service group (as business component of the taxpayer. In addition, defined in sections 414(m) and (o)) shall be treated as substantially all of the activities of the research must be employed by a single person. elements of a process of experimentation relating to a new or Treatment of partners and S corporation improved function, performance, reliability, or quality. These shareholders. A partner or S corporation shareholder can’t tests to determine qualified research must be applied be treated as an eligible small business unless both the Jan 30, 2023 Cat. No. 13701S |
Page 2 of 6 Fileid: … ns/i6765/202301/a/xml/cycle05/source 12:08 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. partnership or S corporation and the partner or S corporation Special Rules shareholder meet the gross receipts test as discussed under Eligible Small Business, earlier, for the tax year that the credit See section 41(f) and 1.41-7 for special rules related to: is treated as a current year general business credit. • Aggregation of expenses for members of controlled groups and businesses under common control; Qualified Small Business (Payroll Tax Credit • Allocation of the credit by partnerships, estates, and trusts; Election) • Adjustments, if a major portion of a business is acquired or disposed of; and A qualified small business is a corporation (including an S • Short tax years. corporation) or partnership with: For special rules concerning the allocation and 1. Gross receipts of less than $5 million for the tax year, apportionment of research and experimental expenses and between U.S. and foreign source income, see sections 861 2. No gross receipts for any tax year before the through 864. 5-tax-year period ending with the tax year. Any other person may be considered a qualified small Member of Controlled Group of business if the person meets the requirements of (1) and (2) Corporations or Group of Trades or above, taking into account the aggregate gross receipts received in all the trades or businesses. Businesses Under Common Control (Controlled Group) The term “gross receipts” for purposes of determining whether your business is a qualified small business means For purposes of figuring the credit, all members of a gross receipts as determined under section 448(c)(3) controlled group of corporations (as defined in section 41(f) (without regard to subparagraph (A) thereof) and Regulations (1)(A) and (f)(5)) and all members of a group of trades or sections 1.448-1T(f)(2)(iii) and (iv). The definition of gross businesses under common control (as defined in section receipts under section 41(c)(6) and Regulations section 41(f)(1)(B) and Regulations section 1.41-6(a)(3)(ii)) are 1.41-3(c) doesn’t apply for this purpose. Any reference to treated as a single taxpayer. Use Section A or B to figure the your trade or business also includes a reference to any credit for the entire group. As a member, your credit is predecessor of your trade or business. Also, if your trade or determined on a proportionate basis to your share of the business had a tax year of less than 12 months, your gross aggregate qualified research expenses for increasing receipts must be annualized by multiplying the gross receipts research activities taken into account by the group for the for the short period by 12 and dividing the result by the research credit. Enter your share of the credit on line 17 or number of months in the short period. line 34, whichever applies. Attach a statement showing how your share of the credit was figured, the name and employer A qualified small business doesn’t include a tax-exempt identification numbers or taxpayer identification numbers of organization under section 501. the other members of the group, and the designated member. Write “See Attached” next to the entry space for Payroll Tax Credit Election line 17 or line 34. The payroll tax credit election is an annual election made by If a member of a controlled group has filed its return using a qualified small business specifying the amount of research a method different from that of the designated member, then credit, not to exceed $250,000, that may be used against the that member should file an amended return to conform to the employer portion of social security liability. The credit is the designated member's method. smallest of the current year research credit, an elected amount not to exceed $250,000, or the general business A member of a controlled group can’t make an alternative credit carryforward for the tax year (before the application of simplified credit (ASC) election in a tax year on an amended the payroll tax credit election for the tax year). The general return if any member of the controlled group for that tax year business credit carryforward limitation doesn’t apply to previously claimed the research credit using a method other partnerships or S corporations. The election must be made than the ASC on an original or amended return for that year. on or before the due date of the originally filed income tax For additional rules regarding the election (or revocation of return (including extensions). An election can’t be made for a the election) of the ASC in Section B by a controlled group of tax year if an election was made for 5 or more preceding tax corporations, see Regulations section 1.41-9. years. The election made by a partnership or S corporation is For purposes of the reduced credit election, a member of made at the entity level. Any election to take the payroll tax a controlled group may make the election under section credit may be revoked only with the consent of the IRS. For 280C(c)(3). However, only the common parent (within the more information about the payroll tax credit, see Notice meaning of Regulations section 1.1502-77(a)(1)(i)) of a 2017-23, 2017-16 I.R.B. 1100, available at IRS.gov/irb/ consolidated group may make the election on behalf of the 2017-16_IRB#NOT-2017-23. members of a consolidated group. Claiming the credit on employment tax return. A For purposes of the payroll tax credit election, all qualified small business that elects to claim the payroll tax members of the same controlled group are treated as a credit will claim the payroll tax credit against the employer’s single taxpayer. Thus, the aggregate gross receipts of all portion of social security tax on its employment tax return for members of such a group must be taken into account in the first quarter that begins after it files the return reflecting determining whether a business is a qualified small business. the payroll tax election. See Notice 2017-23 for more Also see Qualified Small Business, earlier. In addition, a information. A qualified small business claiming the payroll member of such a group may not make a payroll tax credit tax credit on its employment tax return must complete Form election if the member (or any other member of the member’s 8974 and attach the completed form to the employment tax group) has made a payroll tax credit election for 5 or more return. preceding tax years. -2- |
Page 3 of 6 Fileid: … ns/i6765/202301/a/xml/cycle05/source 12:08 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Each member of a controlled group separately makes the organization. See section 41(e) for details, including the payroll tax credit election. The amount that each member of definitions of qualified organizations. the group can separately elect is limited to the least of (a) the electing member’s allocable share of the group credit Line 3 (determined under the rules discussed above); (b) the Enter the qualified organization base period amount based electing member’s allocable share of the $250,000 amount; on minimum basic research amounts plus or (c) in the case of an electing member other than a maintenance-of-effort amounts for the 3 preceding tax years. partnership or S corporation, the amount of the electing See section 41(e) for details. member’s business credit carryforward under section 39 carried from the tax year (determined before the application Line 7 of the payroll tax credit election for the tax year). The Enter the amount you paid or incurred for the rental or lease $250,000 amount is allocated to each member of the group, of computers used in qualified research. The computer must regardless of whether all members of the group make the be located off your premises and you mustn’t be the operator payroll tax credit election, on a proportionate basis to each or primary user of the computer. Reduce this amount by the member’s share of the aggregate of the qualified research amount that you (or any member of a controlled group of expenses taken into account for the tax year by the group for corporations or businesses under common control) received purposes of the credit. or accrued for the right to use substantially identical property. Line 8 Specific Instructions Enter the amounts you paid or incurred, subject to the You can: following limitations. • Claim the regular credit in Section A, or • 100% of amounts you paid (or incurred) for qualified • Elect the alternative simplified credit (ASC) in Section B. energy research performed by an eligible small business, a university, or a federal laboratory (see section 41(b)(3)(D) for You may want to figure your credit using both of the definitions of those entities). Also include payments to those methods for which you are eligible to get the maximum credit same entities to the extent they are included as basic allowed. research payments on line 2, not to exceed the base period amount on line 3. Once elected, the ASC applies to the current tax year and • 75% of amounts you paid (or incurred) for qualified all later years. A current tax year's ASC election may not be research by a qualified research consortium (as defined by revoked. You may revoke the election for a later tax year by section 41(b)(3)(C)(ii)). Also include 75% of the payments to completing Section A relating to the regular credit and a qualified research consortium to the extent they are attaching the Form 6765 to your timely filed (including included as basic research payments on line 2, not to exceed extensions) original return for the year to which the the base period amount on line 3. revocation applies. See Regulations section 1.41-9(b)(3). • 65% of amounts you paid (or incurred) for all other After figuring your credit, you can elect to treat a portion of qualified research by any other person. Also include 65% of the credit as a payroll tax credit. Complete Section D to the payments to that person to the extent they are included determine the payroll tax credit portion. Taxpayers other than as basic research payments on line 2, not to exceed the base partnerships and S corporations must complete Form 3800 period amount on line 3. before completing Section D. Note. Prepaid contract research expenses are considered Section A—Regular Credit paid in the year the research is actually done. Skip this section and go to Section B if: Line 10 1. You are electing the ASC, or The fixed-base percentage depends on whether you are an 2. You previously elected the ASC and aren’t revoking existing company or a start-up company. the election on this return. A start-up company is a taxpayer that had both gross Enter the amounts you paid or incurred to energy research receipts and qualified research expenses either: consortia for energy research. Energy research doesn’t • For the first time in a tax year beginning after 1983, or include any research that isn’t qualified research. In general, • For fewer than 3 tax years beginning after 1983 and before an energy research consortium is any organization described 1989. in section 501(c)(3), exempt from tax under section 501(a), organized and operated primarily to conduct energy The fixed-base percentage for a start-up company is research, and not a private foundation. See section 41(f)(6) figured as follows. for further details. • For the first 5 tax years beginning after 1993 for which you have qualified research expenses, the percentage is 3%. Line 1 • For the 6th tax year beginning after 1993 for which you Any amount included on line 1 can’t be included elsewhere have qualified research expenses, divide the aggregate on the return. qualified research expenses for the 4th and 5th such tax years by the aggregate gross receipts for those tax years, Line 2 then divide the result by 6. Enter the amounts the corporation (not to include S • For the 7th tax year beginning after 1993 for which you corporations, personal holding companies, and service have qualified research expenses, divide the aggregate organizations) paid in cash, under a written contract, for qualified research expenses for the 5th and 6th such tax basic research to a qualified university, scientific research years by the aggregate gross receipts for those tax years, organization, scientific tax-exempt organization, or grant then divide the result by 3. -3- |
Page 4 of 6 Fileid: … ns/i6765/202301/a/xml/cycle05/source 12:08 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • For the 8th tax year beginning after 1993 for which you Checking the box on line 17 or line 34 to elect the have qualified research expenses, divide the aggregate TIP reduced research credit when no research credits qualified research expenses for the 5th, 6th, and 7th such tax are claimed on the original return doesn’t mean that years by the aggregate gross receipts for those tax years, you are claiming the regular research credit or that you are then divide the result by 2. making the ASC election. • For the 9th tax year beginning after 1993 for which you have qualified research expenses, divide the aggregate If you don’t elect the reduced credit, you must reduce your qualified research expenses for the 5th, 6th, 7th, and 8th otherwise allowable deduction for qualified research such tax years by the aggregate gross receipts for those tax expenses or basic research expenses by the amount of the years, then divide the result by 1.5. credit on this line. If the credit exceeds the amount allowed • For the 10th tax year beginning after 1993 for which you as a deduction for the tax year, reduce the amount have qualified research expenses, divide the aggregate chargeable to capital account for the year for such expenses qualified research expenses for the 5th through 9th such tax by the amount of the excess. Attach a statement to your tax years by the aggregate gross receipts for those tax years, return that lists the deduction amounts (or capitalized then divide the result by 1.2. expenses) that were reduced. Identify the lines of your return • For the 11th and later tax years beginning after 1993 for (schedule or forms for capitalized items) on which the which you have qualified research expenses, divide the reductions were made. aggregate qualified research expenses for any 5 of the 5th through 10th such tax years by the aggregate gross receipts If you make an election to claim a portion of your research for those tax years. credit as a payroll tax credit, the amount elected is treated as a research credit for purposes of the reduced credit. The fixed-base percentage for an existing company (any company that isn’t a start-up company) is figured by dividing Section B—Alternative Simplified the aggregate qualified research expenses for the tax years beginning after 1983 and before 1989 by the aggregate Credit (ASC) gross receipts for those tax years. Complete this section only if, instead of the regular credit: The fixed-base percentage for all companies (existing and 1. You are electing the ASC, or start-up) must be rounded to the nearest 1/100th of 1% (that 2. You previously elected the ASC and aren’t revoking is, four decimal places) and can’t exceed 16%. In addition, the election on this return. when figuring your fixed-base percentage, you must reflect expenses for qualified research conducted in Puerto Rico or Electing the ASC. You elect the ASC by completing a U.S. possession for all prior tax years included in the Section B and attaching the completed Form 6765 to your computation. timely filed (including extensions) original return for the tax year the election applies. An ASC election can be made on If short tax years are involved, see Regulations section an amended return for a tax year only if you hadn’t previously 1.41-3(b). claimed the research credit on an original return or amended Reduce gross receipts by returns and allowances. return for that tax year. An extension of time to make the ASC election will not be granted. ! For a foreign corporation, include only gross receipts CAUTION that are effectively connected with a trade or business in the United States (or in Puerto Rico or a U.S. Line 29 possession, if applicable). Enter your qualified research expenses for the prior 3 tax years. If the credit terminates during the tax year, prorate the Line 11 qualified research expenses for the prior 3 tax years for the number of days the credit applied during the tax year. Enter the average annual gross receipts (reduced by returns and allowances) for the 4 tax years preceding the tax year for Section C—Current Year Credit which the credit is being determined. You may be required to annualize gross receipts for any short tax year. For a foreign Line 35 corporation, include only gross receipts that are effectively If the credit on line 17 or line 34 includes amounts paid to connected with a trade or business in the United States (or in employees as wages, and you are claiming a credit for Puerto Rico or a U.S. possession, if applicable). employer differential wage payments based on payments For a tax year that the credit terminates, the average you made to the same employees, enter on line 35 the annual gross receipts for the 4 tax years preceding the portion of the credit from Form 8932, line 2, that is termination tax year is prorated for the number of days the attributable to wages that were used to figure the credit on credit applied during the tax year. line 17 or line 34 (whichever applies). Line 17 See Form 8932, Credit for Employer Differential Wage Payments, for more information on the credit. If you are electing the reduced research credit, you must complete Form 6765 (even if no research credits are claimed Line 37 on the original return) and clearly indicate your intent to make the election. In order for the election to apply, the Form 6765 Enter total credit for increasing research activities from: must be filed with your original timely filed (including • Schedule K-1 (Form 1065), Partner's Share of Income, extensions) return for the tax year. Once made, the election Deductions, Credits, etc., box 15 (code M); is irrevocable for that tax year. • Schedule K-1 (Form 1120S), Shareholder's Share of Income, Deductions, Credits, etc., box 13 (code M); and • Schedule K-1 (Form 1041), Beneficiary's Share of Income, Deductions, Credits, etc., box 13 (code I). -4- |
Page 5 of 6 Fileid: … ns/i6765/202301/a/xml/cycle05/source 12:08 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet for Figuring General Business Credit Carryforward Keep for Your Records 1. Enter the sum of the following lines from Form 3800, Part I, line 6, and Part II, line 25 and line 36 . . . . . . . . . . . . . . . . . . . . . . . . . . ____ 2. Enter the amount from Form 3800, Part II, line 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ____ 3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .____ 4. Enter the amount from Form 3800, Part I, line 5, and Part II, line 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ____ 5. Current year general business credit carryforward. Subtract line 4 from line 3. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . ____ Partnerships and S corporations report the above credits Tax Credit for Increasing Research Activities. Use Form 8974 on line 37. Also, estates and trusts that can allocate the to figure the amount to be applied to your payroll taxes. source credit to beneficiaries report the above credits on line 37. All other filers figuring a separate credit on earlier A qualified small business claiming a portion of the lines also report the above credits on line 37. All others not research credit as a payroll tax credit must adjust the using earlier lines to figure a separate credit can report the research credit carryforward for the payroll tax credit claimed. above credits directly on Form 3800, Part III, as follows. Research Credit Claims on Amended • Eligible small businesses, report the credit on line 4i. See the definition of “eligible small business” under Definitions, Returns earlier. Also see Treatment of partners and S corporation If you are claiming a refund or credit on an amended return or shareholders, earlier. an AAR (as applicable) that includes a section 41 credit for • All others, report the credit on line 1c. increasing research activities that either (a) was not reported on your original filed return or (b) is increased from the Line 39 amount reported on your original return, the following five Estates and trusts. Allocate the credit for increasing items of information must be identified and provided with research activities on line 38 between the estate or trust and your claim. the beneficiaries in the same proportion as income was 1. Identify all the business components to which the allocated and enter the beneficiaries’ share on line 39. research credit claim relates for that year. If the estate or trust is subject to the passive activity rules, 2. For each business component, identify all the research include on line 37 any credit for increasing research from activities performed. passive activities disallowed for prior years and carried 3. For each business component, name the individuals forward to this year. Complete Form 8582-CR, Passive who performed each research activity. A taxpayer may Activity Credit Limitations, to determine the allowed credit instead identify the individuals who performed each research that must be allocated between the estate or trust and the activity by listing the individual's title or position. beneficiaries. For details, see the Instructions for Form 8582-CR. 4. For each business component, describe the information each individual sought to discover. Section D—Qualified Small Business 5. Provide the total qualified employee wage expenses, total qualified supply expenses, and total qualified contract Payroll Tax Election and Payroll Tax research expenses paid or incurred for the research credit Credit claim. This fifth item may be done by using Form 6765. Complete this section only if you are making the payroll tax If you submit a credit study or other document, please election. Before completing this section, you must complete identify the exact pages that contain the five items of Form 3800 if you are a qualified small business other than a information described above. partnership or an S corporation. BBA Partnerships must also submit Forms 8985 and 8986 Line 41 to the IRS and send Forms 8986 to their partners. BBA Check the box on line 41 if you are a qualified small business Partnerships do not need to provide the five items of electing to claim a certain portion of your research credit as a information on the Forms 8985 and Forms 8986 where the payroll tax credit. See the definition of "qualified small five items of information are included with the Form 6765 business" under Definitions, earlier. attached to the BBA Partnership's AAR. Partners of BBA Partnership. BBA Partnerships may not Line 42 file an amended return; they must instead file an AAR to Enter the portion of your research credit, figured on line 36, change any partnership-related items for any previously filed that you are claiming as a payroll tax credit. Don’t enter more partnership tax returns. If you are a partner of a BBA and than $250,000. filing a return that includes a research credit reported on the BBA Partnership's AAR, you may, but are not required to, Line 43 include the five items of information with your return to which Use the worksheet to figure the general business credit your Form 8978 is attached if the BBA Partnership has carryforward for the current year. provided the information to you with their AAR. Line 44 Enter the amount from line 44 on the applicable line of Form 8974, Part 1, column (e), Qualified Small Business Payroll -5- |
Page 6 of 6 Fileid: … ns/i6765/202301/a/xml/cycle05/source 12:08 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You aren’t required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for individual and business taxpayers filing this form is approved under OMB control number 1545-0074 and 1545-0123 and is included in the estimates shown in the instructions for their individual and business income tax return. The estimated burden for all other taxpayers who file this form is shown below. Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 hr., 31 min. Learning about the law or the form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 hr., 25 min. Preparing and sending the form to the IRS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 hr., 6 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. See the instructions for the tax return with which this form is filed. -6- |