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Marc Gerson Discusses Possible Course Forward for Rolling Back R&D Amortization in Tax Notes

Subtitle
"Build Back Better Clouds Path for Rolling Back R&D Amortization"

Tax Notes

Marc Gerson, former majority tax counsel to the U.S. House of Representatives Committee on Ways and Means, discusses the potential course to address the transition from the full deductibility of research and development expenditures to a five- or 15-year amortization schedule  which went into effect as of January 1, 2022.  Although relief was provided in the Build Back Better Act, proponents are targeted the omnibus appropriations bill as a potential legislative vehicle.  "If it was moved off Build Back Better onto something else, would that be viewed as a commentary on the status of Build Back Better?" Gerson noted and added "I think the messaging is important." Another way forward may be through the pending China competition bill (the United States Innovation and Competition Act of 2021, known as USICA).  "It may be you have time to see how Build Back Better Act plays out before you get to a point….then maybe USICA will still be going on," Gerson said.