Texas R&D Tax Credit Filing Instructions
To claim the Research and Development (R&D) tax credit in Texas, businesses generally have two options: a sales and use tax exemption on depreciable tangible personal property used in qualified research, or a franchise tax credit based on qualified research expenses. To claim the franchise tax credit, which is often the primary R&D tax benefit for many businesses, a taxable entity must file their Long Form Franchise Tax Report (Forms 05-158-A and 05-158-B). Alongside this, they must include two crucial schedules: the Credits Summary Schedule (Form 05-160) and the Research and Development Activities Credits Schedule (Form 05-178). Businesses must also ensure they meet the specific eligibility criteria for qualified research expenses and activities as defined by the Texas Tax Code, which often align with federal IRC Section 41 guidelines, and maintain thorough documentation of all R&D expenditures. The credit can be carried forward for up to 20 years and is generally 5% of the amount by which current year qualified research expenses exceed a base amount (50% of the average QREs from the three preceding tax years). If contracting with higher education institutions, a higher credit rate may apply.