Page 22 - Beverage Master February March 2020
P. 22

Craft Beverage

                      minimize or treat wastewater.                         Documentation Requirements


                 For reference, examples of activities that may not    Federal and state regulators focus on whether a
               qualify include:                                     taxpayer can document: 1) the process of exper-
                                                                    imentation, and 2) the development of a new or
                  •  General administrative and managerial func-    improved product or process (also referred to in
                      tions.                                        a research credit discussion as “the business com-
                                                                    ponent”). To maximize the credit taxpayers are
                  •  Sales, marketing and business development      well-advised to conduct a disciplined, document-
                      activities.                                   ed research process. It is important to document
                                                                    every step of the research process, particularly
                  •  Routing data collection (e.g., management      the process of experimentation used to eliminate
                      studies, efficiency surveys).                 uncertainty and the identification of the business
                                                                    components, i.e., the new or improved product or
                  •  Day-to-day production activities.              process. Sales increases and customer surveys will
                                                                    help to identify improved products, but will not be
                  •  Routine quality control and inspection.        conclusive. It’s the contemporaneous recording of
                                                                    the research activity that will carry the day in an IRS
                  •  Maintenance and installation services.         exam.

                  •  Training (even if related to new equipment       It’s also important that breweries identify the
                      or technology).                               amount of time that professionals spend perform-
                                                                    ing qualified research activities. Time tracking soft-
                  •  Research conducted outside the U.S.            ware that identifies the various activities that take
                                                                    place when creating a new or improved product
                               Qualifying Costs                     or process is the best option to document time
                                                                    spent by professionals in the conduct of qualified
                 As mentioned above, the following costs are        research activities. Taxpayers that do not use time
               included in the R&D calculation:                     tracking software generally use estimates provided
                                                                    by the research professionals, through the use of
               1.  Wages paid or incurred to employees who are      time surveys, as to the percentage of time that they
                  directly engaged in qualified research activities,   spend conducting creditable research activities.
                  or who directly supervise or support qualified
                  research activities. Qualified wages are com-                        Case Study
                  puted by multiplying the percentage of an indi-
                  vidual’s annual time attributable to qualified      To see how the credit can benefit a craft brew-
                  research activities against W-2, box 1 wages.     er, the following case study is instructional. In this
                                                                    example, XYZ Brewery in Texas wants to design a
               2.  Supplies include any tangible property, other    new brew from scratch. Once research is conduct-
                  than land and depreciable property, which is      ed to determine the ideal end product (and this
                  used or consumed during the development pro-      research should qualify for the R&D credit), here is
                  cess.                                             the process employed by the brewer (pre-bottling)
                                                                    and who is involved:
               3.  Payments to third parties to perform research
                  and development activities on your behalf. The      General R&D process including potentially qualify-
                  services must be performed within the U.S. and    ing activities:
                  you must have financial risk (with T&M or hour-
                  ly contract terms paying for the services versus   1)  Mashing – malts are mixed with adjunct flavor-
                  final product).                                      ings and liquor (pure water) and heated to allow
                                                                       enzymes to break down starch into sugars.
                 There are two calculation methodologies to con-
               sider, alternative simplified credit and regular cred-  2)  Lautering – consists of three steps: mash out,
               it, both with alternatives for start-up companies.      recirculation, and sparging.

               20      February - March  2020       BEVERAGE MASTER





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