New York and the R&D Tax Credit

New York offers highly advantageous, refundable R&D tax incentives through its prestigious Excelsior Jobs Program. This exceptional initiative is designed to support businesses in maximizing their research and development investments. Below are the comprehensive key details:

Businesses can receive a substantial refundable credit of up to 50% of their federal R&D credit. The credit is capped at 6% of qualified expenses—or an even more favorable 8% for environmentally sustainable green initiatives.

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Special Notes: Qualified R&D expenses follow the federal Section 41 definition, simplifying compliance for companies claiming federal credits. To apply, businesses must obtain a credit certificate from Empire State Development (ESD). The credit is fully refundable over 10 years if job targets are met: 5+ jobs (R&D/manufacturing), 25+ (back-office), 50+ (distribution), 100+ (entertainment), or 150+ with a $3M+ investment (other industries). Applications go through ESD’s CFA portal, with annual reports required to maintain eligibility. Non-Excelsior Program companies may qualify for the Life Sciences R&D Tax Credit.

FAQ's

1. What is the New York State R&D tax credit?

The New York State R&D tax credit, officially called the Qualified Emerging Technology Company (QETC) Credit for Qualified Research Expenses, provides tax incentives to businesses conducting qualified research activities in New York. It encourages innovation and tech development in the state.

2. Who is eligible to claim the New York R&D tax credit?

A business must be a Qualified Emerging Technology Company (QETC), meaning it:

  • Has total annual product sales of $10 million or less.
  • Is primarily engaged in R&D in fields like biotech, information technology, advanced materials, or electronics.
  • Has research activities conducted in New York.

3. What are “qualified research expenses” in New York?

Qualified research expenses follow the federal definition under IRC §41 and generally include:

  • Wages paid to employees performing qualified research,
  • Supplies used in R&D,
  • Contract research expenses.

Only expenses incurred in New York State count toward the credit.

4. How much is the New York R&D tax credit worth?

The credit is worth 18% of qualified research expenses over the base period amount, capped at $250,000 per year per taxpayer.

5. How do I claim the New York R&D tax credit?

You must:

  • Complete Form CT-631 (for corporations) or Form IT-631 (for individuals or partnerships).
  • Attach it to your New York State tax return.
  • Include detailed documentation of R&D activities and expenses.

6. What documentation is required to support the credit claim?

You’ll need:

  • Payroll records,
  • Project descriptions,
  • General ledgers showing R&D-related costs,
  • Contracts for outsourced research,
  • Federal Form 6765 (if also claiming federal credit).

7. Can the unused portion of the credit be carried forward?

Yes. Any unused credit may be carried forward for up to 15 years, but it cannot be refunded.

8. Is there a deadline to apply for the New York R&D tax credit?

Yes. The credit must be claimed with your annual New York tax return, which is typically due by April 15th of the following year. Extensions follow normal state filing rules.

9. Can I claim both the federal and New York R&D tax credits?

Yes. Many businesses claim both. The New York credit complements the federal R&D credit, but it must be calculated separately using state rules and forms.

10. Where can I find official forms and instructions?

You can find forms and instructions on the New York State Department of Taxation and Finance website:

  • Form CT-631: https://www.tax.ny.gov
  • Search for “QETC R&D Tax Credit” or “Form IT-631/CT-631” for the latest version and guidance.

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 350 Northern Blvd, Albany, New York provides R&D tax credit consulting and advisory services to New York City, Buffalo, Rochester, Yonkers, Syracuse, Albany, New Rochelle, Mount Vernon, Schenectady, Utica, White Plains, Troy, Niagara Falls, Binghamton, Rome, Long Beach, Poughkeepsie, North Tonawanda, Jamestown and Ithaca.

If you have any questions or need further assistance, please call or email our local New York Partner on (518) 801-0616.
Feel free to book a quick teleconference with one of our New York 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 NY 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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New York Patent of the Year – 2024/2025

Inspirna Inc. has been awarded the 2024/2025 Patent of the Year for their innovative approach to cancer treatment. Their invention, detailed in U.S. Patent No. 12011427, titled ‘Methods of treating cancer’, introduces a novel method utilizing β-GPA, a zinc salt compound, to target and treat various cancers.

β-GPA, a 2:1 zinc salt of a specific compound, has shown promise in treating a broad spectrum of cancers, including breast, lung, colon, and pancreatic cancers. The compound works by targeting specific pathways involved in cancer cell proliferation and survival, offering a new avenue for therapeutic intervention.

One of the significant advantages of this treatment is its versatility. The β-GPA compound can be administered through various routes, including oral, injectable, and topical forms, allowing for tailored treatment plans based on patient needs. This flexibility enhances the potential for widespread application in clinical settings.

Moreover, the invention supports combination therapies, enabling β-GPA to be used alongside existing cancer treatments. This approach could improve efficacy and outcomes for patients, particularly those with advanced or resistant cancer forms.

Inspirna Inc.’s innovative method marks a significant step forward in cancer treatment, offering new hope for patients and advancing the field of oncology.


Study Case

Business Scenario

Natural Glow produces quality organic skincare made of the purest ingredients direct from distillers and growers around the world. The company  continuously  improves  its  existing  ingredients  through  researching  new filtration  methods  and  extraction processes  for aromatherapy  and  skin  care.  The  company  uses  base ingredients as well as aromatherapy  oils to ensure the therapeutic value, safety for use and appeal to users.

Due to the nature of its work, Natural Glow constantly performs  R&D activities. For this particular project,  Natural Glow believed that new products  could  be  developed  by  reformulating  existing ingredients  on  the condition  that  sufficient  research  and testing was  performed to  ensure  that  the  products were safe for human use while meeting all the appropriate expectations.

To qualify for the Research and Experimentation Tax Credit, Natural Glow had to make sure its “qualified research” met four main criteria, known and developed by Congress as The Four-Part Test.  After self-assessing, Natural Glow 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 and development  of the new product range).

The hypothesis for this experiment  stated that designing, testing and evaluating various concepts would contribute to a more efficient and effective prototype testing phase.

Natural Glow conducted  multiple experiments to try and create top-of-the-line products. It then concluded that such a design was feasible, but needed to be prototyped and fully tested to prove the hypothesis.

Trials and analysis of data to achieve results that can be reproduced to a satisfactory standard and to test the hypothesis (prototype development and testing of the new product range).

Natural Glow’s hypothesis for this phase of experimentation was that developing and implementing  various designed components would allow refinement and tweaking of the final result to achieve the objectives of the project.

Natural Glow’s testing proved that the theoretical conclusions from the design phase could be realized through prototype development and related tests. The new knowledge generated would be used for further iterations of design and development and further field testing.

Background research to evaluate current knowledge gaps and determine feasibility (background research for the new product range).

Natural Glow’s background research included:

  • Literature search and review.
  • Field trips to India and Greece to locate, source and conduct preliminary testing of potential ingredients; to analyze competitors.
  • Analysis of consumer behavior and wants (i.e. anti-aging).
  • Consultation with industry professionals and potential customers to determine the level of interest and commercial feasibility of such a project.
  • 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 activities conducted in the background research were necessary because they assisted in identifying the key elements of the research project, therefore qualifying as R&D.

Ongoing analysis of customer or user feedback to improve the prototype design (feedback R&D of the new product range).

Natural Glows’ qualifying R&D activities 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.
  • Consumer trials and feedback.
  • Industry evaluations.

These activities were necessary to evaluate the performance capabilities of the new design in the field and to improve any flaws.

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 Natural Glow keep?

Similar to any tax credit or deduction, Natural Glow 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.

Unfortunately, the only records  that Natural Glow saved were literature reviews and background research.

As a company claiming R&D, you always want to be “compliance ready” — meaning if you were audited by the IRS, you could present documentation to show the progression of your R&D work. Here are some types of documentation that would be beneficial to save:

  • Project records/ lab notes
  • Photographs/ videos of various stages of build/ assembly/ testing
  • Prototypes
  • Testing protocols
  • Results or records of analysis from testing/ trial runs
  • Tax invoices
  • Patent application number
  • Meeting notes or progress reports

Click here for the PDF version of this case study

Costing Example

A pharmaceutical company in New York had never before claimed the R&D credit. This project involved a multiyear study covering the years 2017 thru 2020.

The Company qualified for the federal R&D Tax Credit of $287,560 and an additional $36,000 of state R&D Tax Credit in New York.

FEDERAL NEW YORK
Year Total QREs Credit Total QREs Credit
2026 $1.200.000,00 $120.960,00 $1.200.000,00 $36.000,00
2025 $800.000,00 $78.400,00 N/A N/A
2024 $550.000,00 $53.900,00 N/A N/A
2023 $350.000,00 $34.300,00 N/A N/A
Total $2.900.000,00 $287.560,00 $1.200.000,00 $36.000,00

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