Wyoming and the R&D Tax Credit

Wyoming does not offer a state-specific Research and Development (R&D) tax credit, meaning businesses operating within the state cannot claim a credit against state taxes for qualifying R&D activities. However, Wyoming is home to several key industries, including energy (particularly coal, oil, and natural gas), agriculture, tourism, and mining, all of which often engage in innovative practices and technological advancements. Despite the lack of a state R&D credit, businesses in these industries may still be eligible to claim the federal R&D tax credit, which provides a significant incentive for companies investing in research and development.

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FAQ's

1. Does Wyoming offer a state-based R&D tax credit?

No, Wyoming does not currently offer a state-level Research and Development (R&D) tax credit. However, businesses operating in Wyoming may still qualify for the federal R&D tax credit.

2. What is the federal R&D tax credit, and can Wyoming businesses claim it?

Yes, Wyoming businesses can claim the federal R&D tax credit, which offers a dollar-for-dollar reduction in federal income tax liability for qualifying research activities and expenses.

3. What activities qualify for the federal R&D credit?

Qualified activities include developing or improving products, processes, software, techniques, or inventions. The work must involve a process of experimentation and aim to eliminate uncertainty.

4. Who is eligible for the federal R&D tax credit in Wyoming?

Any business in Wyoming, regardless of industry or size, that performs qualifying R&D activities and incurs related expenses may be eligible to claim the federal credit.

5. How does a Wyoming business claim the federal R&D tax credit?

You must file IRS Form 6765 (Credit for Increasing Research Activities) along with your federal tax return. Supporting documentation of qualifying activities and expenses is required.

6. Can small Wyoming startups benefit from the R&D credit?

Yes, startups with less than $5 million in gross receipts and under five years old can apply up to $500,000 of the R&D credit toward payroll taxes, instead of income taxes.

7. What expenses can be included in the R&D credit calculation?

Eligible expenses include employee wages, contract research, supplies used in R&D, and certain computer rental costs used in qualified research.

8. Is there a deadline to claim the R&D tax credit?

The credit is claimed on your annual tax return. However, you may file an amended return for past years—generally up to 3 years back—to claim missed credits.

9. What documentation should Wyoming businesses keep for the R&D credit?

Businesses should maintain project descriptions, technical documentation, time tracking records, expense summaries, and employee roles related to R&D activities.

10. Are there any local Wyoming programs that support innovation or R&D?

While Wyoming doesn’t have an R&D tax credit, programs like the Wyoming SBIR/STTR Initiative (WSSI) and Wyoming Business Council grants may support innovation and early-stage research.

Swanson Reed is one of the only companies in the United States to exclusively focus on R&D tax credit preparation. Swanson Reed’s office location at 203 S 2nd St, Laramie, Wyoming provides R&D tax credit consulting and advisory services to Cheyenne, Casper, Laramie, Gillette and Rock Springs.

If you have any questions or need further assistance, please call or email our local Wyoming Partner on (307) 317-4244.
Feel free to book a quick teleconference with one of our Wyoming R&D tax credit specialists at a time that is convenient for you. Click here for more information about R&D tax credit management and implementation.


Live Webinar: R&D Tax Credit Training for WY CPAs

Duration: 60 Minutes

Learning objectives include:

  • An overview of R&D Tax Credits
  • Identify Qualifying Research Activities
  • Define the 4-Part Test
  • How to substantiate activities through documentation
  • Identify Qualifying Research Expenses

Cost:                             FREE

CE/CPE credits:          Worth one hour

Knowledge Level:      Basic*

Field of Study:           Taxation

R&D Tax Credit Training for CPAs

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R&D Tax Credit Training for WY CFPs

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Wyoming Patent of the Year – 2024/2025

Row64 INC. has been awarded the 2024/2025 Patent of the Year for revolutionizing compiler parsing. Their invention, detailed in U.S. Patent No. 12050892, titled ‘Card solver compiler parsing’, introduces a novel method to process programming code more efficiently and with greater speed.

ROW64’s patented technique departs from traditional recursive parsing methods by employing a non-recursive, card game-inspired approach. This innovation allows for the sequential evaluation of code tokens, assigning precedence values to determine their processing order. The result is a streamlined parsing process that reduces computational complexity and enhances performance.

Furthermore, the system intelligently allocates processing tasks across different hardware architectures. By directing specific nodes of the parsing process to either CPU or GPU resources based on their parallelism requirements, the method optimizes resource utilization and accelerates overall computation.

This advancement holds significant implications for software development, particularly in areas requiring rapid code compilation and execution. By improving the efficiency of parsing operations, ROW64’s technology can lead to faster development cycles, reduced latency in software applications, and a more responsive computing experience for end-users.

Row64’s innovative approach exemplifies how reimagining fundamental computing processes can yield substantial improvements in performance and efficiency, marking a notable step forward in the evolution of compiler technology.


Study Case

Business Scenario

SafeMark Gas Experts (SafeMark) has been involved in gas detection in the workplace for over 40 years and offers safety solutions to America’s infrastructure and resource companies. To maintain the trust of its clients and keep its industry-leading reputation, SafeMark conducts regular R&D work.

In March of 2013, SafeMark found a need for a guard that detected flammable materials which led to the start of Project Flame Guard in April of 2013. The hypothesis for its project was that SafeMark could design and develop an examined guard with innovative features to detect flammable material in an improved manner to what currently existed on the market.

To qualify for the Research and Experimentation Tax Credit, SafeMark had to make sure its “qualified research” met four main criteria, known and developed by Congress as The Four-Part Test.  After self-assessing, SafeMark declared the following experiments as R&D work.

Eligible R&D Activities

Design and development of a series of prototypes to achieve the technical objectives (design of the examined guard).

SafeMark’s hypothesis for its experiment questioned whether it was feasible to design an examined guard to detect flammable materials that was easier to use in the field and reduced operating costs for clients.

The experiments SafeMark conducted in the design phase mainly consisted of computer modeling, conceptual engineering drawings and mathematical calculations. These experiments could only be proven effective or ineffective in the prototype development and testing phase. Following the experiments in that phase, during which the product was built and tested in various applications, the design was modified and re-tested until the desired outcome was achieved.

Background research to evaluate current knowledge gaps and determine feasibility (background research for the examined guard).

SafeMark’s eligible R&D activities during this phase of experimentation included:

  • Literature search and review, including maintaining up-to-date knowledge on relevant certification and standards.
  • Consultation with industry professionals and potential customers to determine the level of interest and commercial feasibility of the product.
  • Preliminary equipment and resources review with respect to capacity, performance and suitability for the project.
  • Consultation with key component/part/assembly suppliers to determine the factors they considered important in the design and to gain an understanding of how the design needed to be structured accordingly.

The background research conducted by SafeMark was directly related to the main objective of designing a guard capable of detecting flammable materials, therefore qualifying as R&D.

Ongoing analysis of customer or user feedback to improve the prototype design (feedback of the examined guard).

The feedback of the examined guard included:

  • Ongoing analysis and testing to improve the efficiency and safety of the project.
  • Ongoing development and modification to interpret the experimental results and draw conclusions that served as starting points for the development of new hypotheses.
  • Commercial analysis and functionality review.

This feedback was necessary to evaluate the performance capabilities of the new design in the field and to improve any flaws in the design. There was a direct correlation between the feedback and the design process of the examined guard, making it an eligible R&D activity.

Qualified Research Defined

Qualified research consists of research for the intent of developing new or improved business components. A business component is defined as any product, process, technique, invention, formula, or computer software that the taxpayer intends to hold for sale, lease, license, or actual use in the taxpayer’s trade or business.

The Four-Part Test

Activities that are eligible for the R&D Credit are described in the “Four-Part Test” which must be met for the activity to qualify as R&D.

  1. Permitted Purpose: The purpose of the activity or project must be to create new (or improve existing) functionality, performance, reliability, or quality of a business component.
  2. Elimination of Uncertainty: The taxpayer must intend to discover information that would eliminate uncertainty concerning the development or improvement of the business component. Uncertainty exists if the information available to the taxpayer does not establish the capability of development or improvement, method of development or improvement, or the appropriateness of the business component’s design.
  3. Process of Experimentation: The taxpayer must undergo a systematic process designed to evaluate one or more alternatives to achieve a result where the capability or the method of achieving that result, or the appropriate design of that result, is uncertain at the beginning of the taxpayer’s research activities.
  4. Technological in Nature: The process of experimentation used to discover information must fundamentally rely on principles of hard science such as physical or biological sciences, chemistry, engineering or computer science.

What records and specific documentation did SafeMark keep?

Similar to any tax credit or deduction, SafeMark had to save documents that outlined what it did in its R&D activities, including experimental activities and business records to prove that the work took place in a systematic manner.

SafeMark saved the following documentation:

  • Background research
  • Meeting notes or progress reports, including internal project management issues and updates
  • Conceptual sketches
  • Design drawings
  • Emails

By having these records on file, SafeMark confirmed that it was “compliance ready” — meaning if it was audited by the IRS, it could present documentation to show the progression of its R&D activity, ultimately proving its eligibility for the R&D credit.

Click here for the PDF version of this case study.


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Wyoming Office 

Swanson Reed | Specialist R&D Tax Advisors
203 S 2nd St
Laramie, WY 82070

 

Phone: (307) 317-4244