How to Qualify Businesses for R&D Tax Credits: A Sales Rep's Guide
Learn how to identify high-value businesses for R&D tax credit recovery. Discover which companies qualify, what questions to ask, and how to estimate potential tax credits for software companies, tech startups, and engineering firms.
Quick Qualification Checklist
- ✓ Business has W-2 employees (not just contractors)
- ✓ Employees engaged in software development, engineering, or product development
- ✓ Technical uncertainty in what they're building (didn't know if it would work)
- ✓ Been in business 2+ years (retroactive credits available for up to 3 prior tax years)
- ✓ Typical claim value: $50,000+ in recovered credits (varies by payroll and R&D activities)
- ✓ Commission: 15% for reps, 10% for ISO organizations (default rates, may vary)
The 5 Essential Qualification Questions
1. "Do you have W-2 employees doing technical work?"
This is your first filter. R&D tax credits require W-2 employees (not 1099 contractors) engaged in qualified research activities. The credit is available under IRC Section 41 and is claimed on IRS Form 6765.
Qualifies:
- Software/SaaS companies with W-2 developers
- Tech startups with engineering teams
- Engineering firms doing product development
- Manufacturing companies improving processes
- Biotech/pharma companies
- Companies building proprietary technology or algorithms
Doesn't Qualify:
- Businesses with only 1099 contractors (no W-2 employees)
- Standard service businesses (consulting, agencies doing routine work)
- Businesses doing only routine development (no technical uncertainty)
- Research after commercial production begins
2. "What kind of technical work do your employees do?"
Qualified research activities include software development, product improvement, engineering, and experimentation. The work must involve technical uncertainty - meaning you didn't know if it would work when you started.
Qualifying Activities:
- Software Development: Building new applications, APIs, algorithms, or platforms
- Product Improvement: Developing or improving products, processes, or formulas
- Engineering & Design: Engineering work, prototyping, testing new solutions
- Experimentation: Testing hypotheses, running experiments, trial and error
Pro Tip: Ask for specific examples. 'We built a new recommendation algorithm' or 'We developed a proprietary manufacturing process' are good signs. Even 'We added new game mechanics and had to figure out the best way to implement them' or 'We tried different approaches to optimize performance' can qualify. The key is technical experimentation, not just building standard features.
3. "Was there technical uncertainty when you started?"
Important distinction: Technical uncertainty is about HOW to do something, not WHETHER it will work. You can be confident the end result will work, but still qualify if you had to figure out the methodology, design, or implementation approach.
✅ Technical Uncertainty (Qualifies):
- Uncertainty in capability - "Can we make this perform well enough?"
- Uncertainty in methodology - "Which approach will work best?"
- Uncertainty in design - "What's the right architecture/algorithm/implementation?"
- Even unsuccessful research qualifies! If you tried something and it didn't work, that's still R&D.
❌ Business Uncertainty (Doesn't Qualify):
- "Will customers like this feature?" (business decision)
- "Will this increase retention?" (business outcome)
- "Is this the right product direction?" (business strategy)
Real-World Examples That Qualify:
- Game Development: "I'm adding new game mechanics and levels. I know games work, but I'm uncertain about the best way to implement the physics, balance the difficulty, optimize performance, or design the algorithm." ✅
- Software Products: "I'm building a new feature. I'm confident it will work, but I had to try different approaches to find the right architecture/algorithm/implementation." ✅
- Iterative Development: "I spent time on projects that didn't work out, but I was experimenting with different technical approaches." ✅
- Performance Optimization: "I knew the feature would work, but I wasn't sure how to make it fast enough or scalable enough." ✅
- Side Projects Under Business: "I'm a W-2 employee trying different technical projects for the business - experimenting with new technologies, approaches, or solutions." ✅
Red Flags (May Not Qualify):
- "We just followed a tutorial step-by-step"
- "It was straightforward - we knew exactly how to do it from the start"
- "We were just implementing standard features with no experimentation"
💡 Key Insight: Many businesses think they don't qualify because they're confident the end result will work. But if you had to figure out HOW to do it (methodology, design, implementation), you likely qualify. The IRS cares about the process of experimentation, not the business outcome.
4. "How many W-2 employees do you have, and what's your annual revenue?"
More employees and higher revenue typically mean higher potential credit recovery. R&D credit is typically 6-8% of qualified research expenses (QREs), which include W-2 wages, supplies, and cloud computing costs.
Note: Actual amounts vary significantly based on percentage of time spent on R&D, qualified expenses, and years in business. These are rough estimates.
5. "Do you have documentation of your R&D activities?"
Documentation is crucial for defending the credit. Good documentation includes timesheets, commit logs, design documents, test results, meeting notes, and project plans. If they don't have documentation, they may still qualify, but it's harder to defend.
Ideal Documentation:
- Timesheets showing time spent on R&D projects
- Git commit logs showing development work
- Design documents and technical specifications
- Test results and experimentation notes
- Meeting notes discussing technical challenges
- Project plans showing R&D phases
Target Business Types
Software & SaaS Companies
SaaS platforms, mobile apps, dev tools, APIs, and software products. These companies often have ongoing R&D as they build and improve their products.
Why they qualify: Continuous product development, technical uncertainty in new features, W-2 developers
Tech Startups & Indie Developers
Early-stage companies building proprietary technology, algorithms, games, or innovative products. Must have W-2 employees (not just founders). Includes solo founders who pay themselves W-2 wages.
Why they qualify: Building new technology, experimenting with different approaches, iterative development, trying projects that don't work out (still qualifies!)
Engineering Firms
Product design companies, engineering consultancies, and firms doing custom development work with technical challenges.
Why they qualify: Technical problem-solving, prototyping, testing new solutions
Manufacturing Companies
Companies developing new products or improving manufacturing processes. Process improvements with technical uncertainty qualify.
Why they qualify: Process improvements, new product development, engineering work
Using the In-Claim Calculator
Once you've qualified a lead, use the platform's R&D estimate calculator to show them real numbers:
- Create the claim in the platform (or use the onboarding wizard)
- Navigate to the claim's estimate page
- Enter their annual revenue, employee count, and percentage of time on R&D
- Show them the estimated credit recovery amount (typically 6-8% of qualified expenses)
- Highlight the net amount after fees (transparency builds trust)
Remember: Typical tech companies recover $50,000+ in retroactive tax credits, though actual amounts vary significantly based on payroll, percentage of time on R&D, and years in business. Use this as a benchmark when qualifying leads.
Red Flags to Watch For
Red Flags to Watch For
- • Only 1099 contractors (no W-2 employees) - doesn't qualify
- • No technical uncertainty - "we just followed a tutorial step-by-step" or "we knew exactly how to do it from the start"
- • Business is less than 2 years old (limited retroactive credits, but still qualifies for current year)
- • Only routine development work with no experimentation (standard CRUD apps built exactly like tutorials)
- • Research after commercial production begins (doesn't qualify - but improvements to existing products DO qualify)
- • Owner is unresponsive or difficult to reach (will slow down document collection)
- • No documentation and unwilling to create it (harder to defend credit, but not disqualifying)
Common Misconception
Many businesses think they don't qualify when they actually do. If you're experimenting with different technical approaches, trying projects that don't work out, or figuring out HOW to implement something (even if you're confident it WILL work), you likely qualify. Don't disqualify yourself - let a CPA evaluate your specific situation.
Common Objections & Responses
"We already have an accountant"
Response: "Many accountants stop doing R&D credits because they're complex and require detailed documentation. We specialize in this - we handle all the documentation, calculations, and IRS forms. Your accountant can focus on what they do best."
"We're too small"
Response: "R&D credit works for companies of all sizes. Even with 5-10 employees, you could recover $30,000-$70,000. The credit is based on your qualified expenses, not company size."
"We don't have documentation"
Response: "We can help you create documentation retroactively. Git commit logs, timesheets, and project notes can all be used. We'll guide you through what's needed."
"I'm just adding features/levels - I know they'll work"
Response: "That's fine! The question isn't whether the feature will work - it's whether you had to figure out HOW to implement it. Did you experiment with different approaches? Try different algorithms? Optimize performance? Balance mechanics? That's technical uncertainty, and it qualifies."
"I work on side projects that don't work out - can those count?"
Response: "Yes! If you're a W-2 employee working on business projects (even experimental ones), the time qualifies. The IRS specifically says 'even unsuccessful research qualifies.' If you were experimenting with different technical approaches for your business, that's R&D. The key is it needs to be for your business, not personal projects."
"It sounds too good to be true"
Response: "The R&D tax credit has been around since 1981. It's a legitimate IRS program. We're just helping you claim what you're already entitled to. No upfront fees - we only get paid if you get a credit."
Next Steps After Qualification
Once you've qualified a lead:
- Create the claim in your pipeline (stage: "lead" or "qualified")
- Use the onboarding wizard if the business owner is present - it auto-creates their account and sends verification
- Generate a document portal link to make document collection easy
- Set a follow-up reminder if they need time to gather documents
- Move to "proposal" stage once you've shown them the estimate
Sources & References
- • IRS Form 6765 Instructions - Credit for Increasing Research Activities
- • IRS Form 6765 - Credit for Increasing Research Activities
- • IRS: Research Tax Credit - Overview of the R&D tax credit program
- • 26 U.S.C. § 41 - Credit for increasing research activities
- • IRS Topic 308 - Amended Returns - Information about filing amended returns and time limits
- Note: Statistics and recovery amounts mentioned are typical values based on industry experience and may vary significantly based on individual business circumstances, payroll, percentage of time on R&D, and qualified research expenses.