A credit provides an additional Arizona nonrefundable income tax credit for qualifying basic research payments made during a taxable year to one or more of the three universities under the jurisdiction of the Arizona Board of Regents: Arizona State University, Northern Arizona University and the University of Arizona. The credit is equal to 10% of the excess, if any, of the “basic research payments” made by a taxpayer in a taxable year over the taxpayer’s “qualified organization base period amount” for the taxable year.The amount of the credit is determined under IRC § 41, except that:
- qualified research includes only research conducted in Arizona
- if two or more taxpayers share in the eligible expenses (including partners in a partnership effective December 31, 2000), each taxpayer is eligible to receive a proportionate share of the credit
- the termination provisions of IRC § 41 do not apply
Computation of credit for 2011–2017: For tax years 2011 through 2017, the credit is based on the excess, if any, of the qualified research expenses for the taxable year over the base amount as defined in IRC § 41(c), and is computed as follows:
- if the total is $2.5 million or less, the credit will be 24% of that amount
- if the total is over $2.5 million, the credit will be $600,000 plus 15% of any amount exceeding $2.5 million except that (1) for taxable years beginning from and after December 31, 2000 through December 31, 2001, the credit cannot exceed $1.5 million, and (2) for taxable years beginning from and after December 31, 2001 through December 31, 2002, the credit cannot exceed $2.5 million
- Any amount of additional credit that exceeds taxes due is not refundable, but may be carried forward for five consecutive tax years*
The ACA cannot certify research payments representing more than $10 million in University R&D tax credits for a calendar year. Once the $10 million certification “cap” is attained, no additional research payments may be certified by the ACA. In administering the Program cap, the ACA will approve applications on a “first come, first served” basis.
How to obtain the credit?
A taxpayer seeking a refund must submit an application to the Arizona Commerce Authority (ACA) prior to filling out its tax returns. The refund must be claimed by the applicant or its partners on an original Arizona income tax return along with Revenue Form 308 (for corporations) or Arizona form 308-I (for individuals).
Refundable/Transferable Tax Credit- Yes*
Unused credit may be carried forward for 15 years. Taxpayers with qualified research expenses to carry forward from tax years starting before January 1, 2001, may only carry forward 20% of the carry forward expenses.
Flow Through Entity
If two or more taxpayers, including partners in a partnership and shareholders of an S corporation, as defined in section 1361 of the internal revenue code, share in the eligible expenses, each taxpayer is eligible to receive a proportionate share of the credit.
R&D REFUNDABLE TAX CREDIT INCENTIVE
The ACA has been given the authority to approve refunds under this program up to $5 million in any calendar year. Therefore, refunds are approved by the ACA on a first-come, first-served basis, according to the date and time an application is filed with the ACA. Applications must be based on actual numbers, not estimates. A calendar year taxpayer may file an Application on or after the first business day following the close of the previous calendar year. A fiscal year taxpayer may file an Application on or after the first business day after the end of the fiscal year.
A company may be eligible for a partial refund of its R&D tax credit, if it:
- Meets the eligibility requirements of A.R.S. §§ 41-1507 and 43-1074.01 or 43-1168 and the company’s current year’s Arizona R&D tax credit exceeds its current year’s tax liability.
- Submits an application to the ACA and receives a Certification of Qualification prior to filing a tax return with Revenue.
- Employs less than 150 full-time employees world-wide as of the last day of the taxpayer’s taxable year.
- Remits a non-refundable processing fee equal to 1% of the company’s tax credit being refunded.
- Does not exceed the tax year refund limitations under A.R.S. § 41-1507 (E)
- Complies with employer and business sanctions set forth in A.R.S. § 23-214 (B) and A.R.S. § 35-393.
Refundable/Transferable Tax Credit- Yes*
Find out if you qualify for the R&D tax credit
SELL YOUR NOL’s AND R&D CREDITS
If your company hasn’t considered the R&D credit in the past because you have net operating losses (NOLs) and could not utilize the credit contact us today to find out which states allow you to sell your credits and losses for up to 95 cents on the dollar. Also, qualified start-up companies can now take a credit on their payroll taxes for their R&D credit, allowing your company to utilize the R&D credit immediately, even if your company does not have taxable income.
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States and the R&D Credit: