Application Instructions for
Research and Development Expenses Tax Credit
General Information
1c. Calculate the percentage of Virginia qualified
The Research and Development Expenses Tax
research and development expenses by dividing
Credit may be claimed against the individual and
the average amount determined in step 1a by the
corporate income taxes for qualified research and
average amount determined in step 1b. This is
development expenses for taxable years beginning
the “fixed base percentage.”
on or after January 1, 2011, but before January 1,
Step 2 - Determine the Virginia Base Amount:
2016. The tax credit amount is equal to (i) 15 percent
2a. Determine average of the total gross receipts for
of the first $167,000 in Virginia qualified research
the four taxable years preceding the taxable year
and development expenses, or (ii) 20 percent of
that the tax credit is being claimed, or the number
the first $175,000 of Virginia qualified research and
of years used for step 1b, if less.
development expenses if the research was conducted
in conjunction with a Virginia public or private college
2b. Multiply the fixed base percentage in step 1c by
or university, to the extent the expenses exceed the
the average gross receipts in step 2a.
base amount.
2c. Determine the greater of the amount in step 2b
There is a $5 million cap on the total amount of credits
or 50% of Virginia qualified research expenses
allowed in any fiscal year. If the total amount of tax
for the credit year.” This is the “Virginia Base
credits applied for exceed the $5 million limit, credits
Amount.”
will be allocated on a pro rata basis.
Definitions
If the total amount of approved tax credits is less than
“Virginia gross receipts” means the whole, entire, total
the $5 million limit, the Department of Taxation will
receipts, without deduction.
allocate the remaining amount to the taxpayers already
“Virginia qualified research” means qualified research,
approved for the tax credits for the taxable year in an
as defined in § 41(d) of the IRC, as amended, that is
amount equal to 15 percent of the second $167,000
conducted in Virginia. In general, this is research that is
in qualified research expenses or 20 percent of the
undertaken for the purpose of discovering information
second $175,000 in qualified research expenses if the
that is technological in nature and the application of
research is conducted in conjunction with a Virginia
which is intended to be useful in the development of a
public or private college or university.
new or improved business component of the taxpayer.
Any taxpayer that is allowed a research and
“Virginia
qualified
research
and
development
development expenses tax credit is not allowed to use
expenses” means qualified research expenses, as
the same expenses as the basis for claiming any other
defined in § 41(b) of the IRC, as amended, incurred for
Virginia tax credit.
Virginia qualified research. In general, this is the sum
Determining the Virginia Base Amount
of the in-house research expenses and the contract
In order to determine the Virginia Base Amount, please
research expenses.
follow these steps:
Stem Cell Research
Step 1 - Determine Fixed Base Percentage:
If you conduct research and development in Virginia on
1a. Determine the average amount of Virginia
human cells or tissue derived from induced abortions
qualified research and development expenses
or from stem cells obtained from human embryos,
for the three taxable years preceding the year
then no credit can be granted for the expenses paid
in which the tax credit is being claimed. If the
or incurred for such research and development and
taxpayer has been in business for less than three
any credit amount for other qualified research and
years, but at least one, use the number of years
development expenses cannot be refunded to you.
in business instead of three.
These restrictions do not apply to research conducted
using stem cells other than embryonic stem cells.
1b. Determine the average of the total gross receipts
for the three taxable years preceding the taxable
When to Submit Application
year that the tax credit is being claimed, or the
Form RDC and any supporting documentation must
number of years used in step 1a, if less (must be
be completed and mailed no later than April 1.
at least one year).
3