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Credit for Increasing Research Activities; Correction

---
identifier: "/us/fr/2016-26522"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Credit for Increasing Research Activities; Correction"
title_number: 0
title_name: "Federal Register"
section_number: "2016-26522"
section_name: "Credit for Increasing Research Activities; Correction"
positive_law: false
currency: "2016-11-03"
last_updated: "2016-11-03"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2016-26522"
document_type: "rule"
publication_date: "2016-11-03"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BC70"
fr_citation: "81 FR 76496"
fr_volume: 81
docket_ids:
  - "TD 9786"
effective_date: "2016-11-03"
fr_action: "Correcting amendment."
---

#  Qualified research for expenditures paid or incurred in taxable years ending on or after December 31, 2003.

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correcting amendment.

**SUMMARY:**

This document contains corrections to final regulations (TD 9786) that were published in the *Federal Register* on Tuesday, October 4, 2016 (81 FR 68299). The final regulations provided guidance regarding the application of the credit for increasing research activities.

**DATES:**

This correction is effective November 3, 2016 and is applicable on or after October 4, 2016.

**FOR FURTHER INFORMATION CONTACT:**

Martha Garcia or Jennifer Records of the Office of Associate Chief Counsel (Passthroughs and Special Industries) at (202) 317-6853 (not a toll-free number).

**SUPPLEMENTARY INFORMATION:**

**Background**

The final regulations (TD 9786) that are the subject of this correction are under section 41 of the Internal Revenue Code.

**Need for Correction**

As published, the final regulations (TD 9786) contain errors that may prove to be misleading and are in need of clarification.

**List of Subjects in 26 CFR Part 1**

Income taxes, Reporting and recordkeeping requirements.

**Correction of Publication**

Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments:

**PART 1—INCOME TAXES**

**26 CFR Part 1**

*Paragraph 1.* The authority citation for part 1 continues to read in part as follows:

**Authority:**

26 U.S.C. 7805 * * *

**26 CFR Part 1**

*Par. 2.* Section 1.41-4(c)(6)(viii) is amended by:

a. Revising the fifth sentence of *Example 14* paragraph (ii).

b. Revising the fifth sentence of *Example 17* paragraph (i).

The revisions read as follows:

§ 1.41-4

(c) * * *

(6) * * *

(viii) * * *

**Example 14.**

* * *

(ii) * * * If X's research activities related to the development or improvement of Subset B constitute qualified research under section 41(d), without regard to section 41(d)(4)(E), and the allocable expenditures are qualified research expenditures under section 41(b), X may include $6,250 (25% × $25,000) of the software research expenditures of Subset B in computing the amount of X's credit, pursuant to paragraph (c)(6)(vi)(C) of this section.

**Example 17.**

* * *

(i) * * * The ability to use the idle employees' computers would save X significant costs because X would not have  to buy new hardware to expand the computing power. * * *

Martin V. Franks,

Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration).