Andy Sams
Chief Executive Officer
California runs its own R&D tax credit, separate from the federal one. If your team does qualifying research in the state, you may be able to claim both. Here is how the California credit works at a glance.
of qualified research expenses above a base amount. This is California's standard method.
of cash payments to qualified universities and scientific research organizations for basic research performed in California. Available to corporations, with a few exceptions.
of qualified expenses above 50% of your prior three-year average. If you had no expenses in one of those years, it is 1.3% of current-year expenses. New for 2025.
Unused credit carries forward until it is used up. It cannot be carried back to earlier years.
The credit offsets California tax only. A limited refund election exists for credit blocked by the temporary $5 million cap.
The Research Credit form goes in with your California return, and your CPA files it alongside your other returns.
California builds its credit on the federal one, so the work that earns the federal credit is where we start. If your team is working through a technical problem and testing different ways to solve it, that work may qualify.
The research has to happen in California. Work done in other states does not count toward the California credit.
Qualifying work has a permitted purpose (a new or improved product or process), relies on science or engineering, aims to eliminate technical uncertainty, and involves a process of experimentation. Those tests come from IRC Section 41(d).
New features, system architecture, algorithms, data pipelines, and performance or scalability work may qualify when the solution is not obvious up front.
Prototyping, testing, and design iteration for new or improved products may qualify, along with work to develop better production or lab processes.
Formulation, assay development, and preclinical research may qualify, and California adds its own rules for certain basic research payments.
California uses the federal definition of qualified research expenses under IRC Section 41(b). That covers wages for employees who do, supervise, or support the research, supplies used in the research, and 65% of what you pay outside contractors to do qualified research on your behalf.
California follows the federal credit with modifications. These are the rules worth knowing before you file.
Only research performed in California qualifies. If you do business in more than one state, the base calculation uses only gross receipts from products delivered or shipped to California customers. Companies with no California gross receipts should look at the alternative simplified credit.
For tax years beginning on or after January 1, 2024 and before January 1, 2027, business credits (carryovers included) cannot reduce your California tax by more than $5 million. Combined groups share one cap. Credit blocked by the cap can carry forward with an extended carryover period, or you can make an irrevocable election on a timely original return to receive it as a refundable credit, paid at 20% a year over five years starting in the third year after the election (Form FTB 3870). S corporations cannot make that election for entity-level credits.
Starting with tax years beginning in 2025, California follows the federal alternative simplified credit. You elect it on a timely filed original return, you cannot switch on an amended return, and revoking later takes FTB consent. The alternative incremental credit is repealed, so companies that used it before must choose the regular credit or the ASC for 2025.
The credit cannot reduce the minimum franchise tax or the alternative minimum tax. Unused credit carries forward until it is used, and it cannot be carried back.
S corporations can use only one-third of the credit against the 1.5% entity-level tax, but can pass 100% through to shareholders. Partnerships and LLCs allocate by distributive share. Members of a controlled group are treated as one taxpayer, and credit can be assigned within a combined reporting group on Form FTB 3544. Assigned credit cannot be reassigned.
Corporations can earn the 24% basic research credit on written-contract payments to qualified universities and scientific research organizations, for work performed in California. Biopharma and biotech companies have added rules for payments to qualified cancer centers and public university hospitals. Tangible property that qualifies for California's teleproduction and postproduction sales tax exemption is excluded from qualified expenses.
The California credit and the federal credit are separate claims, but they draw on the same research. Here is how they compare.
Because both credits start from the same definition of qualified research expenses, one set of technical interviews and one cost analysis can support both claims, and your CPA files them with your returns.
Your state and federal returns will not always match. California did not adopt the 2022 federal rule requiring research costs to be amortized, and it requires you to reduce your research deductions by the credit unless you elect a reduced credit. We work alongside your CPA to flag those differences up front.
We meet with your key staff to identify every qualifying project and disqualify any that don’t meet IRS criteria.
Our team reviews your payroll, general ledger, and tax returns to calculate the full credit.
A dedicated team with an impeccable IRS defense record reviews everything through our QA process.
You receive a complete, audit ready report that your CPA files alongside your taxes or amends for prior years.
Start with a no-obligation call to determine what your business could claim.