Section 174 - the new tax that will kill your SaaS

carvellia

New member
Section 174 in a nutshell:
  1. All software development is R&D. No exceptions.
  2. Domestic R&D costs must be amortized over 5 years and overseas R&D over 15 years.
  3. This means if your startup makes $1M in revenue and spends $1M on developers in despite losing money you will end up owing $200,000 in taxes.
It has become absurdly expensive to be a revenue generating + pre profit tech startup in the US. Moving our company to Canada would save $500,000 in taxes but would be a total nightmare logistically. Honestly this shit really sucks and is really demotivating.

Good YouTube summary:

 
@lovegodhatesin Yes. But unfortunately even if this passes it only applies to domestic. So international software devs are still amortized over 15 years which for a startup basically means you can’t deduct software engineering related expenses at all.

The majority of our team is overseas. So either we fire everyone, go bankrupt or we move the company.
 
@lovegodhatesin It’s not a tax break in anyway. R&D credits are a tax break, those only apply to US based R&D as they should.

It’s that you can not expense software developers. This will 100% lead to companies leaving the US.
 
@moanalua The only reason is having raised money moving the company on paper would be complicated. But paying 250k to the tax attorneys and lawyers to save 500k/ year is worth it I guess.
 
@carvellia There were quite a few companies trying to move some engineering salaries to R&D for the tax credits but it was hard to justify. To me, this reads as "if you want to classify 100% of an engineer's salary as R&D expense you can without worrying about justifying" not "you have to consider all engineers as R&D".
 
@thethao247h You are not reading it incorrectly. All software engineering is R&D but despite that not all software development qualifies for R&D tax credits. There is NO option to deduct your software engineer expenses.

I think a lot of people are making the assumption that what I am saying is too ridiculous that it couldn’t be right that they would make such a stupid law but it is.
 
@carvellia Depends on how fast you develop and when you become profitable, if your revenue ramps up linearly over 3-5 years and lags behind your development costs it might even be beneficial, or at least the effect won't be nearly as dramatic as your example. This taxation isn't fundamentally different from the way other industries are taxed for development costs, the main problem seems to be that it's done in a rather abrupt way. I guess the intent is to bring back software jobs to the US and stimulate the domestic market for software products, as buying a software subscription or service becomes way more attractive than building the software yourself. Actually makes a lot of sense to me and could be great for B2B SaaS startups as enterprises have more incentives to buy your software than to "reinvent the wheel" internally.
 
@harpazo56 I fail to see how this is great for b2b saas startups, as they would fall under these provisions just the same.

Yes its great for large ops that have deep pockets that can sit and wait with cash reserves to cover.

But if im a small bootstraped team i have to absorb all the upfront costs of dev and pay taxes on what should be expensed out as built.

Pretty much murders small teams.
 
@harpazo56 There is no benefit? You could always carry the losses from on year to the next. The example is my own company, it’s not made up and the result will be us leaving the US.

Your correct that building software becomes far less attractive. But this mostly applies to startups. A giant enterprise doesn’t care if they pay more taxes this year to save on taxes in 5 years. Startups, especially bootstrapped startups get absolutely hosed by this. Many would be bankrupt from the tax bill.

Why on earth would you want to discourage R&D and defend this Trump tax bill is beyond me.
 
@carvellia We might be arguing the same thing.

If I make $100k, and I spent $100k on dev expenses then I don’t have a tax obligation that year and it preserves my cash flow.

If only 20k of that expenses are deductions that year I need to pay taxes on that 80k and it gets really hard.
 
@tmhna It’s even worse because the first year is 10%. It’s really over 6 years 10 20 20 20 20 10.

Even worse if your like us and have international emloyees.
 
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