H.R. 2673House118th Congress (2023-2025)In Committee

American Innovation and R&D Competitiveness Act of 2023

Sponsored by Ron EstesRep. Ron Estes (R-KS)
Introduced April 18, 2023

AI-Generated Summary

Updated January 20, 2026 at 6:18 AM UTC

The American Innovation and R&D Competitiveness Act of 2023 changes the tax code to let businesses treat research and experimental costs as ordinary deductions again, rather than being forced to amortize them. It restores the pre‑2022 treatment of R&D spending, giving taxpayers the option to deduct those expenses immediately or choose a longer amortization period. The changes affect any taxpayer that incurs qualified R&D expenses in the course of their trade or business.

Key Provisions

  • Restores Section 174 so R&D expenditures can be deducted as current expenses rather than required to be capitalized.
  • Allows taxpayers to elect to amortize eligible R&D costs over a period of at least 60 months if they prefer.
  • Specifies that the rule does not apply to land, property subject to depreciation or depletion, or mineral exploration costs.
  • Updates related tax provisions (sections 41 and 280C) to align the deduction with existing research tax credits.
  • Effective for taxable years beginning after December 31, 2021.

Legislative Activity

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2 earlier actions
HouseIntro Referral Latest Action

Sponsor introductory remarks on measure. (CR H1898)

April 20, 2023

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HouseIntro Referral

Introduced in House

April 18, 2023

HouseIntro Referral

Referred to the House Committee on Ways and Means.

April 18, 2023

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H1898)

April 20, 2023

Floor Debate

11 members

What members said about H.R. 2673 on the floor

11 Republicans
Kevin Kiley
Rep. Kevin KileyR-CA-3 · Jan 30, 2024

Mr. Speaker, I rise to commend a new initiative by the business community and law enforcement in Placer County spearheaded by the district attorney's office called the Placer County Retail Theft…

Ron Estes
Rep. Ron EstesR-KS-4 · Jan 11, 2024

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the subject of this Special Order. Mr. Speaker, it…

Jodey C. Arrington
Rep. Jodey C. ArringtonR-TX-19 · Jan 11, 2024

Mr. Speaker, I thank the gentleman from Kansas who represents a district that may be the second largest production ag district only to west Texas, the food, fuel, and fiber capital of the world. In…

Rudy Yakym III
Rep. Rudy Yakym IIIR-IN-2 · Jan 11, 2024

I thank the gentleman from Kansas, my good friend, for the time and for organizing this important event and for this Special Order. I also thank the gentleman for his leadership on promoting…

Kevin Hern
Rep. Kevin HernR-OK-1 · Jan 11, 2024

Mr. Speaker, it is great to see my colleague from Oklahoma from the Second District, our newest member of our Oklahoma delegation. I certainly know where his heart is on these issues that American…

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David Kustoff
Rep. David KustoffR-TN-8 · Jan 11, 2024

Mr. Speaker, I thank our colleague from Kansas for getting this together this evening to discuss our important issues so the American public can hear from us. Mr. Speaker, I rise today to speak about…

Blake D. Moore
Rep. Blake D. MooreR-UT-1 · Jan 11, 2024

Mr. Speaker, I rise this evening, along with my colleagues, in support of critical progrowth tax policies House Republicans are supporting to bolster good-paying jobs and strong wage growth for…

Nathaniel Moran
Rep. Nathaniel MoranR-TX-1 · Jan 11, 2024

Mr. Speaker, more jobs, better pay, and a stronger economy--that is the result when taxes are low. I rise today in support of extending the pro-growth tax provisions of the Tax Cuts and Jobs Act of…

Carol D. Miller
Rep. Carol D. MillerR-WV-1 · Jan 11, 2024

Mr. Speaker, I rise today to express my support for American innovation and to highlight the importance of a progrowth tax code. The United States was built on resourcefulness and good ideas. The…

Dale W. Strong
Rep. Dale W. StrongR-AL-5 · Jan 11, 2024

I thank the gentleman from Kansas for yielding. I rise to support the extension of critical provisions from President Trump's signature tax law, the 2017 Tax Cuts and Jobs Act. This tax policy…

Monica De La Cruz
Rep. Monica De La CruzR-TX-15 · Jan 11, 2024

Mr. Speaker, I thank the gentleman for hosting this Special Order. I stand before you today as a mom and a lifelong small business owner to champion the cause of small businesses by encouraging my…

Bill Text

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Introduced in HouseIssued April 18, 2023

I

118th CONGRESS

1st Session

H. R. 2673

IN THE HOUSE OF REPRESENTATIVES

April 18, 2023

Mr. Estes (for himself, Mr. Larson of Connecticut, Mr. LaHood, Ms. DelBene, Mr. Arrington, Mr. Panetta, Mr. Buchanan, Mr. Blumenauer, Mr. Smith of Nebraska, Mr. Pascrell, Mr. Kelly of Pennsylvania, Mr. Davis of Illinois, Mr. Schweikert, Ms. Sewell, Mr. Wenstrup, Mr. Kildee, Mr. Ferguson, Mr. Beyer, Mr. Smucker, Mr. Evans, Mr. Hern, Ms. Bonamici, Mrs. Miller of West Virginia, Mr. Stanton, Mr. Kustoff, Ms. Davids of Kansas, Mr. Fitzpatrick, Mr. Veasey, Mr. Moore of Utah, Mr. Neguse, Ms. Van Duyne, Ms. Slotkin, Mr. Feenstra, Ms. Wexton, Mr. Carey, Mr. Cuellar, Mr. Barr, Mr. Gottheimer, Mr. Bacon, Ms. Brownley, Mr. Huizenga, Mr. Morelle, Mr. Johnson of Ohio, Mr. Courtney, Mr. Carter of Georgia, Mr. Connolly, Mrs. Lesko, Mr. Trone, Mr. Reschenthaler, Ms. Ross, Mrs. Harshbarger, Mr. Moulton, Mr. Calvert, Mr. Khanna, Mr. Crawford, Ms. Scholten, Mr. Davidson, Ms. Titus, Mr. Mann, Ms. Stevens, Mr. Moolenaar, Ms. Kaptur, Mr. Joyce of Pennsylvania, Ms. Sherrill, Mr. Bost, and Ms. Blunt Rochester) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to restore the deduction for research and experimental expenditures.

1.

Short title

This Act may be cited as the American Innovation and R&D Competitiveness Act of 2023.

2.

Research and experimental expenditures

(a)

In general

Section 174 of the Internal Revenue Code of 1986 is amended to read as follows:

174.

Research and experimental expenditures

(a)

Treatment as Expenses

(1)

In general

A taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction.

(2)

When method may be adopted

(A)

Without consent

A taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred.

(B)

With consent

A taxpayer may, with the consent of the Secretary, adopt at any time the method provided in this subsection.

(3)

Scope

The method adopted under this subsection shall apply to all expenditures described in paragraph (1). The method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method is authorized with respect to part or all of such expenditures.

(b)

Amortization of Certain Research and Experimental Expenditures

(1)

In general

At the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, research or experimental expenditures which are—

(A)

paid or incurred by the taxpayer in connection with his trade or business,

(B)

not treated as expenses under subsection (a), and

(C)

chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion),

may be treated as deferred expenses. In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the taxpayer first realizes benefits from such expenditures). Such deferred expenses are expenditures properly chargeable to capital account for purposes of section 1016(a)(1) (relating to adjustments to basis of property).
(2)

Time for and scope of election

The election provided by paragraph (1) may be made for any taxable year, but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The method so elected, and the period selected by the taxpayer, shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method (or to a different period) is authorized with respect to part or all of such expenditures. The election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election.

(c)

Land and Other Property

This section shall not apply to any expenditure for the acquisition or improvement of land, or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); but for purposes of this section allowances under section 167, and allowances under section 611, shall be considered as expenditures.

(d)

Exploration Expenditures

This section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (including oil and gas).

(e)

Only Reasonable Research Expenditures Eligible

This section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances.

.

(b)

Clerical Amendment

The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 174 and inserting the following new item:

Sec. 174. Research and experimental expenditures

.

(c)

Conforming Amendments

(1)

Section 41(d)(1)(A) of such Code is amended by striking specified research or experimental expenditures under section 174 and inserting expenses under section 174.

(2)

Section 280C(c) of such Code is amended to read as follows:

(c)

Credit for increasing research activities

(1)

In general

No deduction shall be allowed for that portion of the qualified research expenses (as defined in section 41(b)) or basic research expenses (as defined in section 41(e)(2)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 41(a).

(2)

Similar rule where taxpayer capitalizes rather than deducts expenses

If—

(A)

the amount of the credit determined for the taxable year under section 41(a)(1), exceeds

(B)

the amount allowable as a deduction for such taxable year for qualified research expenses or basic research expenses (determined without regard to paragraph (1)),

the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess.
(3)

Election of reduced credit

(A)

In general

In the case of any taxable year for which an election is made under this paragraph—

(i)

paragraphs (1) and (2) shall not apply, and

(ii)

the amount of the credit under section 41(a) shall be the amount determined under subparagraph (B).

(B)

Amount of reduced credit

The amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of—

(i)

the amount of credit determined under section 41(a) without regard to this paragraph, over

(ii)

the product of—

(I)

the amount described in clause (i), and

(II)

the rate of tax under section 11(b).

(C)

Election

An election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year (including extensions), shall be made on such return, and shall be made in such manner as the Secretary may prescribe. Such an election, once made, shall be irrevocable.

(4)

Controlled groups

Paragraph (3) of subsection (b) shall apply for purposes of this subsection.

.

(d)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2021.