Alaska Tax Insight: AS 43.20.036(b)
Deep Research & Strategic Analysis
Executive Summary
AS 43.20.036(b) allows a credit against the Alaska corporate income tax for 18% of qualified research expenses incurred specifically within the state, piggybacking on federal IRC § 41 definitions but strictly excluding out-of-state activities.
Decoding the Statute
AS 43.20.036(b) is not a standalone definitions clause; it is a conformity statute. This means Alaska does not write its own definitions for "Research." Instead, it adopts the Internal Revenue Code (IRC) Section 41 and Section 174 but applies a specific state-level filter.
The "In-State" Requirement
Unlike the federal credit which applies globally/nationally, Subsection (b) explicitly limits the credit to QREs (Qualified Research Expenses) incurred in Alaska. Remote engineers in Seattle do not qualify.
The 18% Rate
The federal rate fluctuates or uses complex "Alternative Simplified" methods. Alaska generally applies a flat 18% rate to the eligible base, making it one of the more generous state-level incentives.
Federal Conformity
If it doesn't qualify for the IRS on Form 6765, it doesn't qualify for Alaska. The activity must pass the federal "Four-Part Test" first.
Sunset Provisions
The statute is subject to periodic legislative renewal. Businesses must verify the statute is active for the claimed tax year (currently active through recent legislative extensions).
The Federal "Four-Part Test" Context
Since AS 43.20.036(b) relies on federal definitions, an Alaska auditor will look for these four pillars:
-
1
Permitted Purpose
The activity must intend to create a new or improved business component (product, process, software) with improved function, performance, or reliability.
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2
Elimination of Uncertainty
You must be trying to discover information to eliminate uncertainty concerning the capability or method of development.
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3
Process of Experimentation
You must engage in a process of evaluating alternatives (modeling, simulation, trial and error).
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4
Technological in Nature
The process must rely on hard sciences (engineering, physics, biology, comp sci), not soft sciences (economics, sociology).
Key Variable
Applicable Credit Rate
Statute Reference
Eligible Expenditures
R&D Tax Credit Estimator
Simulate the impact of AS 43.20.036(b) on a theoretical Alaska business.
*This is for educational purposes only and does not constitute tax advice.*
For employees directly performing research, direct supervision, or direct support.
Prototypes, chemicals, server costs (if cloud hosted for dev), materials destroyed in testing.
Third-party labs or engineers. Only 65% is eligible under federal/state rules.
The credit applies to the *increase* over a base amount. Enter estimated base.
Total Qualified Research Expenses (QREs)
Incremental Spend (QRE - Base)
Estimated Alaska Credit
Calculated at 18% of Incremental Spend
Alaska R&D Landscape
Statistical analysis of credit utilization based on state economic sectors.
Utilization by Industry
The Oil & Gas and Fisheries sectors dominate Alaska R&D claims due to complex engineering challenges in Arctic environments.
Effective Credit Value vs. Lower 48
Comparison of Alaska's 18% statutory rate against average state R&D credit rates (typically 5-10%).
Regional Case Study Data
| Project Type | Typical QREs | Example Activity | Relevance to AS 43.20.036(b) |
|---|---|---|---|
| Fisheries Technology | $200k - $2M | Developing automated bycatch sorting systems for trawlers. | High Compliance (Mobile assets in AK waters) |
| Cold Weather Engineering | $500k - $10M | Pipeline insulation materials testing in tundra conditions. | High Compliance (Location specific) |
| Software Development | $100k - $5M | Logistics algorithms for remote aviation supply chains. | Moderate Risk (Must prove dev work occurred in AK) |
Official Guidance & Application
The Alaska Department of Revenue (DOR) requires strict substantiation. The burden of proof lies with the taxpayer.
The Compliance Workflow
Step 1: Identify Projects
Interview engineers and technical leads. Do not rely on accounting titles. Look for failed attempts, iterative testing, and development of new capabilities.
Step 2: Calculate QREs (In-State Only)
Filter the General Ledger. Remove travel (generally not QRE), remove capital equipment (depreciable assets don't qualify, only supplies do), and strict removal of non-Alaska wage portions.
Step 3: File Form 6300 (Series)
Attach the appropriate Alaska corporate income tax schedule. Ensure the credit is applied after other credits but before payments.
Step 4: Retain Documentation
Keep lab notebooks, emails, design schematics, and payroll logs for at least the statute of limitations period (typically 3-6 years depending on audits).
Local Example
Northern Dynamics Ltd.
A hypothetical Anchorage-based drone manufacturer.
The Project: Developing a drone battery capable of functioning at -40°F.
The Uncertainty: Existing lithium polymers froze. Chemical composition required experimentation.
The Cost: $400,000 in local engineering wages + $50,000 in destroyed prototypes.
The Base Amount: $200,000.
The Result:
Alaska’s R&D Tax Credit: Navigating the Statutory Investment Cap (AS 43.20.036(b)) and the 18% Federal Linkage Rule
I. Executive Summary: The Dual-Layered Alaska Credit System
Alaska Statute 43.20.036(b) places a foundational limitation on certain federal tax credits claimed against the state’s corporate income tax liability. Specifically, the statute restricts the “investment credit allowed as to federal taxes under 26 U.S.C. 38 (Internal Revenue Code)” to a maximum base of $\$20,000,000$ of qualified investment utilized in the state annually.1 This high-threshold cap, though primarily aimed at capital investment, imposes a latent statutory constraint on the federal General Business Credit (IRC § 38) umbrella, which is the mechanism through which the Research and Development (R&D) credit is authorized.
The application of the Alaska R&D tax credit is thus governed by a dual structure. First, the $20 million limitation established under AS 43.20.036(b) restricts the amount of the underlying capital investment base that may generate a federal investment credit that flows through to Alaska. Second, and more directly impactful to the R&D credit’s monetary value, Alaska Statute 43.20.021(d) limits any such federal credit to 18 percent of the federally determined, Alaska-attributable credit amount.2 Taxpayers must successfully navigate both of these statutory thresholds to maximize their credit utilization against the Alaska corporate net income tax.
II. Statutory Interpretation: Deconstructing AS 43.20.036(b)
A. The Legal Framework: Alaska’s Adoption of Federal Tax Law
Alaska’s net income tax structure, set out in Title 43, Chapter 20 (The Alaska Net Income Tax Act), relies on substantial adoption of the federal Internal Revenue Code (IRC).1 This linkage means that many state tax determinations hinge directly on federal definitions and calculations.
The operative statute in question, AS 43.20.036(b), dictates the treatment of certain investment incentives derived from the IRC. It specifically references 26 U.S.C. 38.1 The significance of this specific citation is paramount: IRC § 38 is the organizing provision for the General Business Credit (GBC), which incorporates several distinct tax incentives, including the Investment Tax Credit and, crucially for innovators, the Research and Development Tax Credit (IRC § 41).4 Because the R&D credit is mathematically computed under IRC § 41 but claimed under the umbrella of IRC § 38, any statutory constraint Alaska places on the IRC § 38 gateway, as AS 43.20.036(b) does, must be scrutinized to ensure the R&D credit is not inadvertently restricted.
B. The Definition and Impact of the $20 Million Qualified Investment (QI) Cap
The statutory text of AS 43.20.036(b) clearly specifies that the investment credit allowed under IRC § 38 may be applied against Alaska tax liability only “upon only the first $\$20,000,000$ of qualified investment… put into use in the state for each taxable year”.1 This limitation is explicitly directed at “qualified investment” (QI), a term historically associated with the former federal Investment Tax Credit (ITC), which rewarded capital expenditures on tangible property, rather than the operational expenditures that define the R&D credit.1
The statute includes specific exceptions to the cap. The $20 million limitation does not apply to qualified investments related to a special industrial incentive investment tax credit under AS 43.20.042, nor does it apply to amounts invested in equipment that qualifies as a certified pollution control facility as defined in 26 U.S.C. 169.1 These carve-outs reveal a clear legislative policy objective: to promote specific, targeted economic and environmental investments while placing a monetary ceiling on the more general investment credits that flow from the federal GBC structure.
C. Analyzing the Latent Constraint on R&D Claims
While the core R&D credit calculation is based on Qualified Research Expenditures (QREs)—primarily wages, supplies, and contract research 5—and not the Qualified Investment (QI) base, the existence of the QI cap in AS 43.20.036(b) requires careful consideration, particularly for large industrial taxpayers in Alaska.
In sectors critical to Alaska’s economy, such as oil and gas development or specialized manufacturing 6, large-scale capital investments (QI) in proprietary machinery or new facilities often occur concurrently with the R&D efforts (QREs) necessary to develop new processes or improved products.7 If a company’s total capital investment in a given year significantly exceeds the $20 million threshold (e.g., a $50 million investment), the investment credit component of their GBC is restricted under AS 43.20.036(b). Although QREs are separate, the law is written broadly to constrain elements of the IRC § 38 structure. Therefore, complex planning is required to ensure that the R&D QRE base, which relies on the 18% rule (discussed below), is structurally protected and clearly segregated from the restricted capital QI base to avoid an unintended application of the $20 million cap to the research portion of the GBC.
III. The Alaska R&D Tax Credit Mechanism: The 18% Rule and Its Dominance
The primary financial determinant of the R&D tax credit in Alaska is not the $20 million investment cap, but the state’s proportional reduction of the federal credit amount.
A. AS 43.20.021(d): The 18% Rule
The specific statute governing the valuation of the R&D credit is Alaska Statute 43.20.021(d). This provision stipulates that any credit allowed under the IRC that is also allowed in computing Alaska income tax is “limited to 18 percent for corporations of the amount of credit determined for federal income tax purposes which is attributable to Alaska”.2
This means the Alaska R&D credit is equivalent to 18% of the allowed federal R&D tax credit.8 This proportional calculation provides a dollar-for-dollar offset against the corporation’s Alaska tax liability.10
B. Federal Eligibility and the Four-Part Test
A critical component of claiming the Alaska credit is establishing eligibility for the underlying federal credit (IRC § 41).8 Alaska does not maintain its own distinct definition of qualified research expenditures. To qualify for the federal, and thus the state, credit, business expenses must meet the rigorous four-part test for qualified research:
- Qualified Purpose: The expenditure must be for the purpose of creating a new business product or improving an existing one.8
- Elimination of Uncertainty: The company must demonstrate an attempt to eliminate uncertainty regarding the development or improvement of a business component.7
- Process of Experimentation: The company must prove that they have evaluated one or more alternatives in their invention or improvement process.8
- Technological in Nature: The research must seek to discover information that is technological in nature.7
C. Apportionment and Attribution Requirements
The Alaska R&D tax credit provides unique flexibility regarding the location of the research activities. While a taxpayer must be conducting business in Alaska to be eligible, the statute allows the credit to be available even if the research activities themselves are conducted outside of Alaska.8 This approach differs from many states that strictly require QREs to be incurred within state lines.11
However, if a taxpayer operates both inside and outside of Alaska, the federal credits generated must be calculated and apportioned to Alaska sources.10 This often involves applying Alaska’s corporate tax apportionment formulas to determine the portion of the federal credit appropriately attributable to the state.
D. Credit Utilization and Carryover Provisions
The R&D credit is designed as a long-term incentive tool, with robust utilization features. The credit directly offsets Alaska corporation net income tax.10
A significant limitation exists regarding the Alternative Minimum Tax (AMT): a taxpayer may not apply federal-based credits attributable to Alaska against the Alaska alternative minimum tax (AMT) or other taxes.10 Alaska Form 6390 contains complex ordering rules, confirming that federal-based credits may offset Alaska AMT only after Alaska incentive credits have been applied.12
Unused credits represent deferred benefits, and Alaska provides a lengthy carryover period. Unused federal-based credits, including the R&D credit, may be carried back one year and forward for up to 20 years.10 This extensive carryforward window is particularly beneficial for resource-intensive industries, which often experience long development cycles before achieving substantial taxable income.10
IV. Alaska Department of Revenue (DOR) Guidance and Compliance
Compliance with the Alaska R&D tax credit regimen is centrally managed through the Alaska Department of Revenue (DOR), Tax Division. Specific forms and documentation standards must be rigorously maintained.
A. Mandatory Reporting Forms
Taxpayers intending to claim federal-based credits, which include the R&D credit, are required to file Alaska Form 6390 – Alaska Federal-based Credits along with their corporate tax return (Form 6000, 6100, or 6150).3
Form 6390 serves a critical function: it orders and limits federal-based credits on an as-if Alaska basis.13 The instructions for Form 6390 confirm that the taxpayer must account for both the 18% limitation specified in AS 43.20.021(d) and the investment credit cap under AS 43.20.036(b).13 Data required to compute the credit must flow directly from the federal return, specifically Federal Form 6765 (Credit for Increasing Research Activities) or Form 3800 (General Business Credit).4
B. Documentation and Substantiation Standards
Because the Alaska research credit is solely based on the federal credit, proof of eligibility only needs to satisfy the stringent federal substantiation requirements.8 Taxpayers must be prepared to document their Qualified Research Expenditures (QREs) to comply with IRS guidelines.
Acceptable documentation typically includes: project plans, time logs, detailed expense records, general ledger detail, payroll records, lab results, emails, and technical documentation proving that the activity met the four-part test.8 Failure to adequately substantiate the underlying QREs for the federal claim will result in the automatic denial of the corresponding 18% state credit.
The DOR provides contact information for assistance, with offices available in Juneau and Anchorage for further guidance on compliance.3
V. Case Study: Applying the Dual Limitation Structure
The following example illustrates how a large, capital-intensive corporation operating in Alaska must apply the $20 million Qualified Investment (QI) cap (AS 43.20.036(b)) in conjunction with the 18% credit rate (AS 43.20.021(d)).
A. Scenario: Aurora Tech & Development, Inc. (ATD)
ATD is an Alaska-based technology company engaged in developing and manufacturing specialized equipment for the energy sector. In the current tax year, ATD incurs significant QREs for engineering labor and supplies, and also purchases substantial new plant equipment.
| Metric | Amount | Statutory Context |
| Total Qualified Research Expenditures (QREs) | $\$5,000,000$ | Basis for IRC § 41 R&D Credit |
| Total Qualified Investment (QI) in Alaska | $\$45,000,000$ | Basis for IRC § 38 Investment Credit |
| Federal R&D Credit Calculated (IRC § 41) | $\$500,000$ | Assumed 10% of QREs over base |
| Federal Investment Credit Calculated (IRC § 38 Component) | $\$4,500,000$ | Assumed 10% of QI |
| Alaska Corporate Tax Liability | $\$1,500,000$ | Maximum rate of 9.4% 16 |
| Alaska Apportionment Percentage | 100% | All business conducted in Alaska |
B. Step-by-Step Calculation of Allowable Alaska Credit
Step 1: Application of AS 43.20.036(b) (QI Cap)
The full Investment Credit of $\$4,500,000$ is calculated using the total QI of $\$45,000,000$. AS 43.20.036(b) restricts the eligible investment base to only the first $\$20,000,000$ put into use in the state.1
- Restricted QI Base: $\$20,000,000$
- Limited Federal Investment Credit: $\$20,000,000 \times 10\% = \$2,000,000$.
The R&D Credit, being calculated from QREs (labor, supplies) rather than QI (capital assets), is unaffected by the $\$20$ million cap and retains its full federal value of $\$500,000$ for purposes of the next conversion step.
Step 2: Application of AS 43.20.021(d) (18% Conversion)
The next step is applying the 18% conversion rate to the limited federal credits to determine the maximum Alaska credit claimable.
- Alaska R&D Credit: $\$500,000$ (Full Federal R&D Credit) $\times 0.18 = \$90,000$.
- Alaska Investment Credit: $\$2,000,000$ (Limited Federal Investment Credit) $\times 0.18 = \$360,000$.
Step 3: Total Credit Claim and Utilization
The total allowable Alaska Federal-Based Credit is the sum of the converted R&D and Investment Credits, which must be reported on Alaska Form 6390.
| Credit Component | Federal Credit (Pre-Limit) | Limited Federal Credit (Post-AS 43.20.036(b)) | Alaska Credit (18% Conversion) |
| R&D Credit | $\$500,000$ | $\$500,000$ | $\$90,000$ |
| Investment Credit | $\$4,500,000$ | $\$2,000,000$ | $\$360,000$ |
| Total Allowable Alaska Credit | $\$5,000,000$ | $\$2,500,000$ | $\$450,000$ |
ATD may claim a total state credit of $\$450,000$. This credit reduces the corporate tax liability of $\$1,500,000$, yielding a substantial tax saving. This example confirms that, for large capital projects, AS 43.20.036(b) significantly restricts the amount of the investment credit, even though the R&D component flows through with only the 18% rate reduction.
VI. Nuanced Strategic Considerations
A. The Policy Goal of Segmented Incentives
The structure of Alaska’s credit system, particularly the juxtaposition of the $20 million QI cap alongside the 18% R&D conversion, reflects a calculated legislative approach to economic incentives. The $20 million cap serves as a mechanism to control general capital investment write-offs flowing from the IRC § 38 system, ensuring that large, unrestricted capital projects do not excessively diminish the state’s corporate tax base.16
However, the R&D credit itself, calculated as 18% of the federal amount, is designed to be a durable and accessible incentive to encourage innovation and technological development across the state.8 The willingness of Alaska to allow R&D credits for activities conducted outside of the state, provided the claiming business has an Alaska presence 8, further demonstrates a proactive strategy to maintain its attractiveness as a corporate tax domicile.
B. Integrated Tax Planning and Future Value
For businesses engaged in multi-year projects, understanding the interplay of these statutes is crucial for strategic tax planning. The long carryforward period of 20 years for unused credits 10 ensures that the value of current R&D investments can be leveraged against future income, a key feature given the cyclical peaks and troughs often observed in Alaska’s inventive output and economic metrics.14 This tax certainty helps secure cash flow necessary for ongoing R&D, facility expansion, and hiring.10
Effective planning requires maintaining explicit distinctions between expenditures that qualify as QREs (labor, supplies) and those classified as QI (depreciable assets) to optimize both the R&D component and the investment credit component of the GBC, minimizing the impact of the AS 43.20.036(b) restriction.
C. Documentation Integrity and Audit Risk
The reliance on federal definitions and forms necessitates meticulous documentation. The Alaska Department of Revenue relies heavily on the taxpayer’s ability to substantiate their federal Forms 6765 and 3800.4 Any deficiency in compliance with the stringent four-part test for Qualified Research Expenditures at the federal level will result in the invalidation of the state claim.8 Taxpayers must ensure their internal record-keeping systems—including project logs and expense tracking—are audit-ready for both jurisdictions simultaneously to sustain the full benefit of the 18% Alaska R&D credit.12
VII. Conclusion
Alaska Statute 43.20.036(b) is a targeted statutory control that limits the Qualified Investment base used to calculate certain components of the federal General Business Credit (IRC § 38) to $\$20$ million annually. While this provision primarily governs capital investment credits, its location within the framework for adopting federal credits necessitates its consideration by all taxpayers claiming the R&D credit, which is organized under the same IRC § 38 mechanism.
The actual value of the Alaska R&D tax credit is determined by the separate limitation in AS 43.20.021(d), which converts the federal credit to an 18% state credit, provided the credit is attributable to Alaska sources. Compliance requires the simultaneous application of both the investment base cap and the 18% rate conversion, managed through Alaska Form 6390. This dual-layered structure demands integrated federal and state tax analysis to ensure the R&D benefits are maximized and that large capital investments do not prematurely exhaust the investment base limit. The availability of a 20-year carryforward period significantly enhances the long-term utility of this credit for Alaska businesses committed to innovation.
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What is the R&D Tax Credit?
The Research & Experimentation Tax Credit (or R&D Tax Credit), is a general business tax credit under Internal Revenue Code section 41 for companies that incur research and development (R&D) costs in the United States. The credits are a tax incentive for performing qualified research in the United States, resulting in a credit to a tax return. For the first three years of R&D claims, 6% of the total qualified research expenses (QRE) form the gross credit. In the 4th year of claims and beyond, a base amount is calculated, and an adjusted expense line is multiplied times 14%. Click here to learn more.
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