Structural Reform of the Delaware Research and Development Tax Credit: Addressing the Substantial Rights Barrier for Small and Medium Enterprises

Author: Luisa Avila | Delaware R&D Tax Policy Consultant
Published: July 31, 2026 | Series: Swanson Reed State Tax Incentives

Answer Capsule: Why Are Delaware’s Contract Research Organizations Disqualified from R&D Credits?

Because Delaware strictly conforms to the federal IRC § 41(d)(4)(H) “funded research” exclusion, Small and Medium Businesses (SMBs) acting as service providers—such as Contract Research Organizations (CROs) in the biotech sector—are routinely disqualified from the state’s R&D credit. If a Delaware CRO transfers exclusive Intellectual Property (IP) rights to an out-of-state client (a standard commercial reality), the CRO fails the federal “substantial rights” test and loses the credit, even if they performed all the scientific work locally. To fix this, Delaware must amend 30 Del. C. § 2070 to define a state-specific “Knowledge Retention” standard, or institute a Research Rights Waiver (RRW) allowing out-of-state clients to explicitly assign the credit back to the Delaware performer.

Key Takeaways

The “Funded Research” Trap: Strict federal conformity forces Delaware to deny R&D credits to local SMBs if they do not retain “substantial rights” to the IP they create for clients, structurally penalizing the state’s massive CRO and specialized engineering sectors.
Judicial Tightening: Recent federal court decisions (e.g., Grigsby) have established restrictive precedents where standard commercial IP transfer clauses are fatal to R&D claims, an evidentiary burden most SMBs cannot afford to litigate.
The “Double Penalty”: Delaware’s 2025 decoupling (HB 255) from the federal OBBBA’s retroactive immediate expensing means SMB contractors are simultaneously denied the R&D credit (due to rights issues) and forced to amortize their expenses at the state level.
Proposed Solution 1 (Knowledge Retention Standard): Amend state law to declare that Delaware SMBs retain “substantial rights” if they keep the right to use the underlying technical “know-how” and methodology, regardless of who owns the final patent.
Proposed Solution 2 (Research Rights Waiver): Create an administrative safe harbor (Form BUS-RRW) allowing clients to formally waive their right to the Delaware state credit, transferring eligibility entirely to the local Delaware-based performing entity.

1. The Strategic Context of the Delaware Research and Development Tax Credit

The Delaware Research and Development (R&D) tax credit represents a fundamental pillar of the state’s economic development strategy, specifically engineered to foster a robust ecosystem of innovation, scientific discovery, and high-value employment. Governed by Title 30, Chapter 20, Subchapter VIII of the Delaware Code (30 Del. C. § 2070), this incentive has evolved from a capped, non-refundable credit into a globally competitive, fully refundable mechanism designed to attract and retain the most advanced sectors of the modern economy.¹

However, as the state navigates the complexities of a post-pandemic economic landscape and intensifying regional competition, a significant structural deficiency has emerged within the statutory framework. Small and medium-sized businesses (SMBs) that operate as service providers—such as Contract Research Organizations (CROs), specialized engineering firms, and software development boutiques—frequently find themselves disqualified from the very incentives meant to support them.³

This disqualification stems from the “substantial rights” requirement, a doctrine imported from federal law which mandates that a taxpayer performing research on behalf of another entity must retain significant intellectual property rights to qualify for the credit.⁵ For many Delaware SMBs, the commercial reality of their industry requires the transfer of these rights to their clients, creating a policy friction that penalizes the physical performers of research within the state while often subsidizing out-of-state intellectual property owners.⁴

2. The Statutory Evolution of Innovation Incentives in Delaware

Delaware’s journey toward becoming a hub for research-intensive industries began in earnest with the adoption of a state-level R&D credit that mirrored the federal Internal Revenue Code (IRC) Section 41.¹ For decades, the program operated under a statewide aggregate cap, historically set at $5 million, which meant that as more companies applied for the credit, the individual benefit to each firm was pro-rated downward.² This limitation often resulted in uncertainty for businesses attempting to model their long-term research investments.

The legislative landscape shifted dramatically in 2017 with the passage of the Commitment to Innovation Act.¹ This landmark legislation removed the $5 million aggregate cap and, more importantly, converted the R&D credit into a fully refundable tax benefit.¹

The transition to refundability was a strategic masterstroke intended to support pre-revenue biotechnology and fintech startups in the Wilmington and Dover corridors.¹ For these firms, which often incur massive research expenses years before generating taxable income, the ability to receive the credit as a direct cash refund from the Delaware Division of Revenue (DOR) provides a critical lifeline, extending their operational runway and allowing for the hiring of top-tier scientific talent.¹ Despite these advancements, the state’s continued reliance on federal definitions for “qualified research” means that the “funded research” exclusion—and its attendant “substantial rights” test—continues to hinder a vital segment of the Delaware innovation pipeline.⁵

3. Comparative Framework: Delaware vs. Federal R&D Standards

The Delaware credit is explicitly designed to parallel the federal statute while providing regional enhancements that localize scientific activity.¹ While federal law allows a payroll tax offset of up to $250,000 for qualified small businesses, Delaware provides a “Double Rate” for SMBs that meet specific gross receipts thresholds.¹

Table 1: Comparative Framework

Statutory Feature	Federal R&D Credit (IRC § 41)	Delaware State R&D Credit (30 Del. C. § 2070)
Geographic Scope	Domestic (United States)	Limited to activities physically in Delaware
Small Business Definition	Varies (e.g., <$5M for payroll offset)	Avg. annual gross receipts ≤ $31M (2025/26)
Credit Calculation (Method A)	20% of QREs over Base Amount	20% of DE QREs over DE Base (for SMBs)
Credit Calculation (Method B)	14% of QREs exceeding 50% of 3-yr avg	100% of apportioned Federal ASC (for SMBs)
Refundability Mechanism	Limited (Payroll offset only)	Fully Refundable (Cash refund for any unused amount)
Fiscal Cap	None	None (Aggregate cap removed in 2017)

This comparison highlights Delaware’s commitment to small business growth, yet the underlying definition of what constitutes “Qualified Research Expenses” (QREs) remains tethered to a federal interpretation that was originally designed for large, vertically integrated manufacturers, not the agile, service-oriented SMBs that define the modern Delaware economy.¹

4. The Substantial Rights Doctrine: A Barrier to SMB Participation

The core of the policy issue lies in the “funded research” exclusion found in IRC § 41(d)(4)(H), which stipulates that qualified research does not include any research to the extent it is funded by any grant, contract, or otherwise by another person or governmental entity.⁵ To determine whether research is “funded,” the IRS and the Delaware DOR apply a two-pronged test focused on economic risk and substantial rights.⁵

The Economic Risk Prong

The first requirement for a researcher to claim the credit is that they must bear the economic risk of the research.⁵ This is typically determined by the structure of the payment terms within the research agreement.⁸ If a Delaware firm is paid on a “time-and-materials” basis, the client bears the risk because they must pay the firm regardless of whether the research succeeds or fails.¹⁸ Conversely, in a “fixed-price” or “milestone-based” contract, the performer often bears the risk because if the research is unsuccessful or requires more iterations than planned, the performer must absorb those costs.⁸

The Substantial Rights Prong

Even if a Delaware SMB bears the economic risk of the research, it must still pass the “substantial rights” test to claim the credit.⁵ Treasury Regulation § 1.41-4A(d)(2) states that a taxpayer does not retain substantial rights if the entity for whom the research is performed has the exclusive right to exploit the results.⁵ For a right to be “substantial,” the researcher must be able to use the results of the research in its own trade or business without paying the client for that right.⁵

In the competitive market for research services, most clients—ranging from global pharmaceutical companies to federal defense agencies—insist on owning the intellectual property they are paying for.⁴ For a Delaware SMB, refusing to transfer IP rights often means losing the contract entirely. Consequently, these firms are forced into a contractual arrangement that automatically disqualifies them from the Delaware R&D tax credit.⁷ This creates a paradox: the state incentivizes innovation, but the most common business model for innovation in the SMB sector is structurally ineligible for that incentive.⁴

5. Judicial Precedents and the Tightening of Rights

The interpretation of what constitutes a “substantial right” has been heavily litigated in federal courts, with these decisions directly impacting how the Delaware DOR evaluates claims.⁵

Table 2: Judicial Precedents

Case Law	Key Finding on “Substantial Rights”	Implications for Delaware SMBs
Lockheed Martin v. US	Non-exclusive rights to use results are substantial.	Favorable: Researchers only need a right to use, not own.
Dynetics, Inc. v. US	Security restrictions and lack of “use” rights disqualify performers.	Unfavorable: Highly classified or restricted work is ineligible.
Populous Holdings v. Comm.	Right to use technical “know-how” can be substantial.	Favorable: Distinguishes between documents and technology.
Grigsby v. United States	General transfers of IP negate the performer’s rights.	Unfavorable: Broad IP clauses in contracts are fatal to claims.
Betz v. Commissioner	Lack of documented rights leads to penalties.	Cautionary: Contemporaneous rights documentation is essential.

The Lockheed Martin case established the “right to use” standard, offering a glimmer of hope for contractors who could prove they retained the ability to use the research results in their business without paying a royalty.⁵ However, more recent decisions like Grigsby have favored a stricter reading of contract language, where broad IP transfer clauses are interpreted as a total divestment of rights.¹⁴ For Delaware SMBs, which often lack the legal resources to negotiate complex IP carve-outs in their master service agreements, these judicial trends represent an ever-increasing barrier to entry for the R&D credit.⁸

6. The Economic Context of Delaware’s Innovation Ecosystem

Delaware’s economic health is increasingly dependent on high-tech and scientific sectors.⁴ The state’s “Professional, Scientific, and Technical Services” sector accounts for over 29,000 jobs, with an average annual wage of $125,372—significantly higher than the $72,436 average for all industries in the state.²⁶ Small businesses, which represent 98% of all employers in the state, are the primary drivers of this growth.²⁷

The Role of Contract Research Organizations (CROs)

The life sciences sector in Delaware, comprising pharmaceutical, biotechnology, and medical device firms, is a major pillar of the economy, supporting over 12,000 direct jobs.⁴ A substantial portion of these jobs are housed within SMBs that function as CROs.⁴ These firms perform the granular work of drug discovery, clinical testing, and prototype development on behalf of larger entities.⁴

Under the current tax framework, a Delaware CRO performing $1 million in research for an out-of-state client may be ineligible for the R&D credit because the client owns the resulting data.⁷ This effectively means Delaware is subsidizing the innovation of an out-of-state corporation while its own small business bears the full tax burden of its operations.¹

The InventionIndex and Regional Volatility

Delaware’s performance in innovation, as measured by the “InventionIndex,” reflects both the state’s potential and its vulnerability.³⁰ As of December 2025, the index score was 1.37%, a “B-” rating that indicates a resilient but maturing environment for intellectual property.³⁰ However, the index has shown historical volatility, dipping into the “F” range during periods of economic uncertainty.³⁰ Maintaining a score above 1% is vital for attracting venture capital and technology transfers.³⁰

The “substantial rights” barrier acts as a drag on this index by discouraging SMBs from expanding their research footprints in Delaware when they cannot access the same fiscal support as their counterparts in more reform-minded states.⁴

Impact of Federal Decoupling (House Bill 255)

The urgency of this policy issue is heightened by recent shifts in Delaware’s tax landscape.¹ While the federal “One Big Beautiful Bill Act” (OBBBA) of 2025 restored the immediate expensing of R&D costs—reversing the unpopular five-year amortization requirement of the TCJA—the Delaware General Assembly passed House Bill 255 in late 2025.¹ This bill explicitly decoupled Delaware from several retroactive and bonus depreciation provisions of the federal law to manage a projected state budget deficit.¹

Michael Fleming, President of the Delaware BioScience Association, has noted that every dollar invested in R&D in Delaware has a magnificent multiplying effect on the economy.²³ By decoupling from federal expensing and failing to address the substantial rights barrier, the state creates a “double penalty” for SMB contractors: they cannot claim the R&D credit due to rights issues, and they cannot immediately deduct their expenses due to state-level amortization rules.⁴ This combination threatens to stifle the “year-one” expensing that for 60 years was a cornerstone of American innovation policy.²³

7. Proposed Solution 1: Statutory Redefinition of “Knowledge Exploitation”

To resolve the substantial rights dilemma, the Delaware legislature should amend 30 Del. C. § 2070 to provide a state-specific definition of “substantial rights” that is more attuned to the service-provider model. This amendment would decouple the Delaware R&D credit from the more restrictive federal interpretations of “funded research” in cases involving qualified small businesses performing work within the state.

Implementation of the “Knowledge Retention” Standard

The proposed amendment would establish that a small business is deemed to have retained substantial rights if its contractual agreement allows it to retain and use the “know-how,” methodologies, or general technical knowledge gained during the research process.¹⁷ This would shift the focus away from the ownership of specific end-products or patents—which often must reside with the client—and toward the retention of the underlying scientific capability.¹⁹

The statute could be modified to include the following language:

“Notwithstanding any provision of federal law to the contrary, a taxpayer meeting the small business criteria in § 2070(a)(2) shall be deemed to retain ‘substantial rights’ in research conducted within this State if the taxpayer retains a non-exclusive right to utilize the resulting technical knowledge, methodology, or scientific data in its ongoing trade or business, regardless of whether the exclusive right to patent or commercially exploit the specific business component resides with the payor.”

Benefits to the Delaware Service Sector

This legislative change would immediately unlock the R&D credit for hundreds of Delaware-based CROs and engineering firms.⁴ By recognizing that a service provider’s “business component” is its expertise and methodology, the state would align its tax policy with the reality of how R&D is conducted in the 21st century.⁸ This would significantly lower the effective cost of labor for Delaware SMBs, allowing them to bid more competitively for global contracts and reinvest the savings into additional Delaware-based hiring.⁴

8. Proposed Solution 2: The Delaware Research Rights Waiver and Safe Harbor

As a secondary or complementary approach, the Delaware Division of Revenue could implement a “Research Rights Waiver” (RRW) program. This administrative solution would create a formal mechanism for clients and contractors to allocate the R&D credit between themselves, effectively allowing the “substantial rights” to be assigned to the party physically performing the work in Delaware.

The Mechanism of the Waiver

Under this program, the DOR would provide a standard form (Form BUS-RRW) that would be executed jointly by the client (the payor) and the contractor (the performer).³³ In signing this form, the client would explicitly waive their right to claim the Delaware R&D tax credit for the expenditures associated with a specific project, thereby transferring the eligibility to the Delaware-based SMB.³³

Table 3: Administrative Elements of the Waiver Program

Administrative Element	Functionality
Eligibility Verification	Performer must be a Delaware-based SMB; client can be any entity.
Joint Certification	Both parties certify that only the performer will claim the DE state credit.
Safe Harbor Protection	Valid execution of the waiver provides a safe harbor against “funded research” audits.
Information Sharing	DOR cross-references the waiver with the client’s tax filings to prevent double-claiming.
Contractual Alignment	The waiver serves as an addendum to the commercial contract, simplifying IP negotiations.

Strengthening Delaware’s Competitive Advantage

A waiver system would turn Delaware’s small size and administrative flexibility into a strategic asset.²⁵ If a large company based in New York or California knows that they can hire a Delaware CRO and, through a simple waiver, allow that CRO to lower its contract price by utilizing the state R&D credit, Delaware becomes the preferred destination for outsourced R&D.¹ This would catalyze a virtuous cycle of investment, as more out-of-state capital flows into Delaware’s SMB sector.⁴

9. Safeguarding the Program: Audit Integrity and Fraud Prevention

Expanding the eligibility of the R&D tax credit requires rigorous safeguards to ensure that taxpayer funds are utilized efficiently and to prevent the exploitation of the system through “double-dipping” or the claiming of non-qualifying routine activities.¹⁸

Integration with Federal Reporting Standards

The Delaware DOR should leverage the enhanced reporting requirements introduced in the 2024 and 2025 updates to Federal Form 6765.³⁷ These updates require taxpayers to provide detailed narratives for each business component, including the specific technological uncertainty and the names of the individuals performing the research.⁶ By requiring Delaware claimants to attach these detailed federal narratives to their state application (Form BUS-RDC), the DOR can ensure that only genuine, high-level R&D is being subsidized.¹²

Preventing Double-Dipping

To prevent both the client and the contractor from claiming the same credit, the DOR must implement an automated verification system.³³ When an SMB claims the credit under the proposed “Knowledge Retention” standard or the “Waiver” system, they would be required to provide the FEIN of the client.³³ The DOR would then flag that client’s FEIN in its database; if that client subsequently attempts to claim a Delaware R&D credit for the same project, the system would trigger an immediate audit.¹³

Enhancing Contemporaneous Documentation Requirements

Audit defense for R&D claims hinges on contemporaneous documentation—records created at the time the research was performed.³ The state should issue a “Small Business R&D Audit Manual” that provides clear templates for Delaware contractors to follow.¹³

Table 4: Contemporaneous Documentation Requirements

Required Documentation	Purpose in Contractor Audits
Project-Based Timesheets	Ties specific employee wages to the “Process of Experimentation.”
Technical Iteration Logs	Proves that multiple alternatives were evaluated to solve technical uncertainty.
IP Reservation Clause	Demonstrates the intent to retain “substantial rights” under the new state standard.
Lab Notebooks/Memos	Provides the scientific foundation for the claim of “Technological in Nature.”
Work Orders/SOWs	Clarifies that the performer bears the risk of cost overruns or technical failure.

By setting these standards clearly, the state can avoid the “check-the-box” mentality that often leads to disallowed claims and accuracy-related penalties.²²

10. Macroeconomic Fiscal Analysis: From Subsidy to Investment

A common critique of expanding tax preferences is the immediate reduction in state revenue.¹¹ However, in the context of R&D, these expenditures should be viewed through the lens of dynamic scoring, where the initial revenue loss is offset by long-term economic gains.⁴

The Multiplier Effect of R&D Salaries

The primary driver of the R&D credit’s return on investment is the high salary level of the employees supported by the credit.²⁶ With an average wage of over $125,000 in the professional and technical services sector, every new job created or retained in this field generates significant personal income tax (PIT) revenue for the state.²⁵

Delaware’s PIT revenue is a major source of state funding, and the growth of a high-wage scientific workforce directly feeds this revenue stream.²⁵ Furthermore, these employees contribute to the state’s economy through secondary consumption—supporting local housing, retail, and service sectors.²⁵

The “Innovation Dividend” and Corporate Franchise Fees

Delaware’s unique fiscal position relies heavily on corporate license and franchise fees, which account for 14.6% of state and local revenue—far higher than the 0.2% national average.²⁵ By making Delaware the most attractive state for CROs and R&D service providers, the state encourages more firms to maintain their operational footprints within its borders, rather than merely using the state for legal incorporation.¹¹ This creates a more stable tax base that is less susceptible to the mobility of intangible assets.¹¹

Comparative Cost Projection

The 2025 Delaware Tax Preference Report estimates the R&D credit’s revenue impact at approximately $25.7 million.¹¹ Expanding the credit to include SMB contractors is projected to increase this impact by approximately 10-15%, bringing the annual cost to roughly $28-30 million.¹¹

Table 5: Fiscal Cost Projection

Fiscal Year	Est. Revenue Loss (Current)	Projected Revenue Loss (Post-Reform)	Est. New Economic Activity
2026	$26.0 Million	$29.0 Million	$45 Million in new CRO contracts
2027	$27.5 Million	$31.0 Million	$60 Million in local wages
2028	$29.0 Million	$33.0 Million	$85 Million in follow-on investment
2030	$32.0 Million	$36.0 Million	$120 Million in PIT & corporate fees

While the initial outlay increases, the “innovation dividend”—measured by the growth in wages and corporate activity—will result in a net-positive fiscal outcome within a 3-to-5-year window.²⁵

11. Strategic Consequences of Inaction: The Innovation Exodus

If Delaware fails to reform the substantial rights requirement, the state risks a slow erosion of its technological base.⁴ The regional landscape for R&D is becoming increasingly competitive, with neighboring states aggressively courting Delaware-based talent.⁴²

The Threat of Regional Competitors

States like Pennsylvania, New Jersey, and Maryland have all taken steps to enhance their R&D and angel investor credits.⁴⁴ For instance, Pennsylvania’s 2025-2026 budget includes $10 million for a new “Advance PA” tax credit and significant reductions in corporate net income taxes.⁴⁵ If a Delaware SMB finds that it can claim a higher effective credit for its service work in Philadelphia or Baltimore, the “InventionIndex” will inevitably decline as talent and capital migrate.³⁰

The Risk of Becoming a “Back-Office” State

Without support for SMB performers, Delaware risks becoming a state that merely processes the legal paperwork for out-of-state innovation, rather than being the place where the innovation physically occurs.⁴ The current framework favors large, established firms that own their own IP, while creating barriers for the agile, high-growth startups that represent the future of the economy.⁴ By failing to support the CRO and service-provider sector, Delaware is essentially choosing to lose its grip on the “high-value” portion of the pharmaceutical supply chain—the research and development stage—and settling for the “lower-value” administrative and manufacturing stages.⁴

The Multiplying Cost of Federal Conformity

As federal law becomes more volatile—alternating between amortization and immediate expensing—the cost of strict conformity for Delaware increases.¹ The 2025 decoupling via HB 255 was a necessary short-term fiscal measure, but it must be paired with pro-growth reforms to avoid a permanent chilling effect on R&D investment.¹ Addressing the “substantial rights” issue is a surgical, high-impact reform that can be implemented at a relatively low fiscal cost compared to full federal decoupling, while providing targeted relief to the most innovative segment of the economy.⁴

12. Final Synthesis and Actionable Recommendations

Delaware stands at a critical juncture in its economic history. The First State has the nation’s deepest heritage of scientific innovation, dating back to the founding of the DuPont company.³² Today, that heritage is carried forward by a diverse array of small biotechnology, fintech, and advanced manufacturing firms.⁴ To ensure this legacy continues, the state must modernize its tax policy to reflect the collaborative and service-oriented nature of 21st-century research.

The “substantial rights” requirement, while well-intentioned in its original federal context to prevent double-claiming, has become an unintended barrier that penalizes Delaware’s most active innovators.⁴ By implementing the proposed legislative redefinition of rights and the administrative waiver system, Delaware can fulfill the promise of the 2017 Commitment to Innovation Act and truly become the number one state in the nation to start and grow a small business.¹²

Summary of Strategic Recommendations

Amend Title 30, § 2070: Adopt a state-specific definition of “substantial rights” for SMBs that emphasizes the retention of technical “know-how” and methodology over patent ownership.¹⁷
Launch Form BUS-RRW: Create an administrative “Safe Harbor” through a Research Rights Waiver program, allowing clients and contractors to allocate the state R&D credit between themselves.³³
Modernize Audit Protocols: Update DOR guidelines to accept the detailed narratives of the new Federal Form 6765, ensuring robust documentation while reducing administrative burden for small firms.¹³
Invest in Regional Competitiveness: Frame these reforms as part of a broader “Innovation War” strategy to attract CROs and service providers from across the Mid-Atlantic region.⁴
Monitor the InventionIndex: Use real-time economic data to track the impact of these changes on patent filings, venture capital activity, and high-wage job growth.³⁰

By taking these steps, the Delaware government can demonstrate its commitment to being a responsible steward of taxpayer dollars while simultaneously fueling the magnificently multiplying effect of R&D investment on the state’s schools, healthcare, and social services.²³ The cost of inaction—the potential migration of the state’s scientific elite—is far greater than the modest fiscal investment required to fix this fundamental policy issue.⁴

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Who Can Claim For Subcontracted R&D? – Myriad, acceso: marzo 17, 2026, https://www.myriadassociates.com/resources/news/2024/who-can-claim-for-subcontracted-rd/
How to Apply the 65%, 75%, and 100% Rules for Contract Research in R&D Credits, acceso: marzo 17, 2026, https://kkca.io/tax/contract-research-in-rd-credits/
How the changes to subcontracted R&D expenditure guidelines affect SME scheme claims, acceso: marzo 17, 2026, https://leyton.com/uk/insights/articles/how-the-changes-to-subcontracted-rd-expenditure-guidelines-affect-sme-scheme-claims/
Tax | Offit Kurman, acceso: marzo 17, 2026, https://www.offitkurman.com/offit-kurman-blogs/category/tax
Form 6765: Understand the R&D Tax Credit for Your Startup – Haven, acceso: marzo 17, 2026, https://www.usehaven.com/blog-posts/form-6765-understand-the-r-d-tax-credit-for-your-startup
Best Practices for R&D Tax Credit Documentation – alliant Global, acceso: marzo 17, 2026, https://alliantglobal.com/insights/best-practices-for-rd-tax-credit-documentation/
R&D tax credits: A new era of disclosure and documentation – The Tax Adviser, acceso: marzo 17, 2026, https://www.thetaxadviser.com/issues/2025/oct/rd-tax-credits-a-new-era-of-disclosure-and-documentation/
BuS-rdc – State of Delaware, acceso: marzo 17, 2026, https://revenuefiles.delaware.gov/2025/BusinessTaxForms_Instructions/BUS-RDC_2025-01_PaperInteractive.pdf
R&D Tax Credits | IRS Form 6765 Instructions – ADP, acceso: marzo 17, 2026, https://www.adp.com/resources/articles-and-insights/articles/r/r-and-d-tax-credit-what-it-is-and-how-to-claim-it.aspx
The 2025 Guide to State R&D Tax Credits | TaxTaker, acceso: marzo 17, 2026, https://www.taxtaker.com/blog/the-2025-guide-to-state-r-d-tax-credits
Appendix F: R&D tax incentives by state – JLARC, acceso: marzo 17, 2026, https://jlarc.virginia.gov/pdfs/oversight/ED_initiatives/SciTech%20Appendix%20F.pdf
SELECTED STATES’ R&D TAX CREDITS – C G A – CT.gov, acceso: marzo 17, 2026, https://www.cga.ct.gov/2015/rpt/2015-R-0209.htm
Q1 Newsletter 2025 – Life Sciences PA, acceso: marzo 17, 2026, https://lifesciencespa.org/q1-2025-newsletter/

Notice & Disclaimer: The information is current as of July 31, 2026. This whitepaper is provided for discussion purposes only and should not be construed as legal or tax advice. It is strongly recommended that you seek professional legal or tax representation to understand how the Delaware R&D tax credit and any proposed policy changes would apply to specific business circumstances.