Oklahoma and the R&D Tax Credit

Oklahoma does not provide a state-specific R&D tax credit, but businesses in key industries like energy, aerospace, biotech, and manufacturing may still qualify for the federal R&D tax credit. Major companies such as Devon Energy, Chesapeake Energy, American Airlines, Love’s Travel Stops, Boeing, and Northrop Grumman drive innovation in the state, leveraging federal incentives to support research and development despite the absence of a state-level benefit.

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FAQ's

1. Does Oklahoma have a state-based R&D tax credit?

No. Oklahoma’s state-based R&D tax credit expired in 2013. While businesses in Oklahoma may qualify for the Federal R&D tax credit, there is currently no equivalent credit at the state level for general research and development activities.

2. What was the purpose of the former Oklahoma R&D tax credit?

The former credit was designed to incentivize businesses to invest in research and development within the state. It was a way for Oklahoma to encourage innovation, job creation, and economic growth in specific industries.

3. Were there any specific industries or business types that qualified for the old credit?

Yes, the credit was often tied to industries like computer services, data processing, and research and development entities. Qualifying businesses had to meet specific criteria, such as having a certain percentage of their revenues from out-of-state buyers and creating a minimum number of new, full-time jobs with a certain wage threshold.

4. How was the credit calculated?

The old R&D tax credit was based on the net increase in the number of full-time equivalent employees in qualifying entities. For each new qualifying employee, a specific credit amount was allowed. The total annual credit was capped at a certain number of new employees.

5. How did a business claim the credit?

To claim the credit, a qualified business would have been required to file specific forms with the Oklahoma Tax Commission (OTC) and provide an affidavit stating that the business met the qualifications. The forms and process would have been outlined by the OTC.

6. Could unused credits be carried forward?

Yes, unused credits could be carried over. The old credit allowed for a carryover period, with the length of time varying based on the specific legislation. For some programs, unused credits could be carried over for a number of years following the year of qualification.

7. Is there a similar, active state tax credit in Oklahoma for R&D-like activities?

While there is no general R&D tax credit, Oklahoma does offer other tax incentives that may be relevant to innovative businesses. These include the Quality Jobs and Investment Tax Credits, the Oklahoma Innovation Expansion Program, and other incentives aimed at job creation, capital investment, and specific industries like aerospace.

8. What is the Federal R&D Tax Credit, and how can an Oklahoma business claim it?

The Federal R&D Tax Credit is a national incentive for businesses that engage in activities to develop or improve products, processes, software, or formulas. To claim this credit, a business must file IRS Form 6765, “Credit for Increasing Research Activities,” as part of its federal tax return. It requires meeting a four-part test to define qualified research activities and calculating qualified research expenses.

9. Can pass-through entities (like S-corps and partnerships) claim the federal R&D credit?

Yes, pass-through entities can claim the federal R&D credit. The credit is typically passed through to the owners or partners of the entity, who then claim it on their individual tax returns.

10. What kind of documentation is needed to claim the federal R&D credit?

To claim the federal credit, businesses must maintain detailed documentation to substantiate their qualified research expenses. This can include financial records, payroll data, project-level documentation, and technical reports that demonstrate how the activities meet the four-part test for qualified 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 6608 N Western Avenue, Oklahoma City, Oklahoma provides R&D tax credit consulting and advisory services to Oklahoma City, Tulsa, Norman, Broken Arrow, Lawton, Edmond, Moore, Midwest City, Enid and Stillwater.

If you have any questions or need further assistance, please call or email our local Oklahoma Partner on (405) 551-8337.
Feel free to book a quick teleconference with one of our Oklahoma 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 OK 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

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Oklahoma Patent of the Year – 2024/2025

Kardiolytics Inc. has been awarded the 2024/2025 Patent of the Year for their groundbreaking approach to cardiovascular diagnostics. Their invention, detailed in U.S. Patent No. 12051511, titled ‘Modelling blood vessels and blood flow’, introduces a non-invasive method to assess coronary artery health using advanced computational simulations.

This innovative system leverages medical imaging data, such as CT scans, to create detailed three-dimensional models of a patient’s coronary arteries. By comparing these personalized models with idealized reference models – representing healthy, unobstructed vessels – the system simulates blood flow under various conditions. This simulation calculates flow energy changes, providing insights into the hemodynamic significance of arterial blockages.

One of the key advantages of this method is its ability to evaluate coronary artery function without the need for invasive procedures like fractional flow reserve (FFR) testing. By analyzing flow energy indices, clinicians can assess the severity of arterial stenosis and make informed decisions about treatment options, including the necessity for revascularization procedures.

Moreover, this approach offers a personalized assessment, taking into account the unique anatomical features of each patient. This tailored analysis enhances the accuracy of diagnostics and supports more effective treatment planning, ultimately improving patient outcomes in the management of coronary artery disease.


Study Case

Business Scenario

For nearly 50 years, Sonny Glass Fabrication has been providing quality, custom workmanship on glass and mirrors for all types of jobs and needs, residential and commercial. Sonny Glass Fabrication engineers, designs and installs wall mirrors, entryway mirrors, bathroom and cabinet mirrors, beveled mirrors, and custom products. The most technically challenging part of its job is designing and fabricating custom pieces for its client.

Sonny Glass Fabrication’s R&D tasks include designing, fabricating and installing custom glass pieces. It first designs the glass to meet its clients’ needs and standards. Once designed, the glass is fabricated and brought on site to measure and install. More often than not, once at the project site, more customization is required, as installation issues arise.

The activities that Sonny Glass Fabrication performs on its custom jobs are technical in nature. The engineering, design work, prototype creation, drawings and schematics are all necessary to eliminate the uncertainty of custom projects.

In order to qualify for the Research and Development Tax Credit, Sonny Glass Fabrication needed to determine the eligibility of its proposed R&D activities. The “qualified research” must meet four main criteria, known and developed by Congress as the Four-Part Test.  After working with an R&D tax advisory firm, Sonny Glass Fabrication received a total credit of $87,000 for 4 years of R&D activities. Sonny Glass Fabrication’s qualified R&D activities included the following.

Eligible R&D Activities

Design and development of a series of prototypes to achieve the technical objectives (design of a custom partition wall).

Sonny Glass Fabrication’s hypothesis for this project questioned whether the custom partition wall could be designed and developed to meet the customer’s demands and still function as intended.

Sonny Glass Fabrication procured multiple renderings to examine feasible material applications for meeting project goals with this non-standard request. It conducted a field investigation and layout to review environment and adjust renderings and installation plan.

The experiments Sonny Glass Fabrication conducted in this phase mainly consisted of 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, the design was modified and re-tested until the desired outcome was achieved.

Trials and analysis of data to achieve results that can be reproduced to a satisfactory standard (development and testing of partition wall).

The main objective of this phase was to prove that theoretical conclusions from the design phase could be realized through the development and testing of the partition wall, and conclude that a wall could be designed and developed in the space and shape desired and function properly.

Pre-existing materials had to be modified, with endings notched for base shoe hardware to attach to surface-mounted barrier post, where it originally would not attach. The barrier-post also had to be adjusted to facilitate the final rendering.

Sonny Glass Fabrication outsourced structural engineering services for the seismic and gravity analysis of the architectural glass feature, as well as tinting services and the fabrication of the signage and lettering.

Background research to evaluate current knowledge gaps and determine feasibility (background research of the development of products).

Besides the lack of comparable solutions available, the outcomes of activities in this research could not have been known or determined in advance due to a number of specific technical challenges.

Sonny Glass Fabrications engaged in background research to determine the feasibility of the project. Eligible R&D activities during this phase included:

  • Literature search and review, including maintaining up-to-date knowledge on relevant certification and building standards.
  • Consultation with industry professionals to determine the level of 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 Sonny Glass Fabrication was directly related to the main objective of designing and developing a custom glass piece, therefore qualifying as R&D.

Ongoing analysis of customer or user feedback to improve the prototype design (feedback R&D of the partition wall).

Sonny Glass Fabrication’s eligible R&D activity for this phase of its project included:

  • Analysis and testing to improve the efficiency and safety of future projects.
  • Ongoing development and modification to interpret the experimental results and draw conclusions that served as starting points for the development of new designs and products.

These activities were necessary to evaluate the performance capabilities of the new design in the field and to improve any flaws in the design, therefore qualifying as R&D.

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 Sonny Glass Fabrication keep?

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

  • Project records/ notes
  • Conceptual sketches
  • Design drawings
  • Background research
  • Records of changes
  • Testing protocols
  • Staff time sheets
  • Tax invoices
  • Receipts

By having these records on file, Sonny Glass Fabrication 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 work, ultimately proving its R&D eligibility.

Click here to view the PDF version of this case study.


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Oklahoma Office 

Swanson Reed | Specialist R&D Tax Advisors
6608 N Western Avenue, 1016
Oklahoma City, OK 73116

 

Phone: (405) 551-8337