[Code of Federal Regulations]
[Title 26, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.41-6]

[Page 133-135]
 
                       TITLE 26--INTERNAL REVENUE
 
     CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY
 
PART 1--INCOME TAXES--Table of Contents
 
Sec. 1.41-6  Aggregation of expenditures.

    (a) Controlled group of corporations; trades or businesses under 
common control--(1) In general. In determining the amount of research 
credit allowed with respect to a trade or business that at the end of 
its taxable year is a member of a controlled group of corporations or a 
member of a group of trades or businesses under common control, all 
members of the group are treated as a single taxpayer and the credit (if 
any) allowed to the member is determined on the basis of its 
proportionate share (if any) of the increase in qualified research 
expenses of the aggregated group.
    (2) Definition of trade or business. For purposes of this section, a 
trade or business is a sole proprietorship, a partnership, a trust, an 
estate, or a corporation that is carrying on a trade or business (within 
the meaning of section 162). For purposes of this section, any 
corporation that is a member of a commonly controlled group shall be 
deemed to be carrying on a trade or business if any other member of that 
group is carrying on any trade or business.
    (3) Determination of common control. For rules for determining 
whether trades or businesses are under common control, see paragraphs 
(b) through (g) of Sec. 1.52-1 except that the words ``singly or'' in 
Sec. 1.52-1(d)(1)(i) shall be treated as deleted.
    (4) Examples. The following examples illustrate provisions of this 
paragraph.

    Example 1. (i) Facts. A controlled group of four corporations (all 
of which are calendar-year taxpayers) had qualified research expenses 
(``research expenses'') during the base period and taxable year as 
follows:

------------------------------------------------------------------------
                                        Base period   Taxable
              Corporation                (average)      year     Change
------------------------------------------------------------------------
A.....................................          $60        $40     ($20)
B.....................................           10         15         5
C.....................................           30         70        40
D.....................................           15         25        10
------------------------------------------------------------------------

    (ii) Total credit. Because the research expenses of the four 
corporations are treated as if made by one taxpayer, the total amount of 
incremental expenses eligible for the credit is $35 ($55 increase 
attributable to B, C, and D less $20 decrease attributable to A). The 
total amount of credit allowable to members of the group is 20% of the 
incremental amount or $7.00.
    (iii) Allocation of credit. No amount of credit is allocated to A 
since A's research expenses did not increase in the taxable year. The 
$7.00 credit is allocated to B, C, and D, the members of the group that 
increased their research expenses. This allocation is made on the basis 
of the ratio of each corporation's increase in its research expenses to 
the sum of increases in those expenses. Inasmuch as the total increase 
made by those members of the group whose research expenses rose (B, C, 
and D) was $55, B's share of the $7.00 credit is 5/55; C's share is 40/
55; and D's share is 10/55.
    Example 2. The facts are the same as in example (1) except that A 
had zero research expenses in the taxable year. Thus, the controlled 
group had a decrease rather than an increase in aggregate research 
expenses. Accordingly, no amount of credit is allowable to any member of 
the group even though B, C, and D actually increased their research 
expenses in comparison with their own base period expenses.

    (b) Minimum base period research expenses. For purposes of this 
section, the rule in section 41(c)(3) (pertaining to minimum base period 
research expenses) shall be applied only to the aggregate amount of base 
period research expenses. See the treatment of corporation C in example 
(1) of paragraph (a)(4) of this section.

[[Page 134]]

    (c) Tax accounting periods used--(1) In general. The credit 
allowable to a member of a controlled group of corporations or of a 
group of trades or businesses under common control is that member's 
share of the aggregate credit computed as of the end of such member's 
taxable year. In computing the aggregate credit in the case of a group 
whose members have different taxable years, a member shall generally 
treat the taxable year of another member that ends with or within the 
determination year of the computing member as the determination year of 
that other member. The base period research expenses taken into account 
with respect to a determination year of another member shall be the base 
period research expenses determined for that year under Sec. 1.41-3A, 
except that Sec. 1.41-3A(c)(2) shall be applied only at the aggregate 
level.
    (2) Special rule where timing of research is manipulated. If the 
timing of research by members using different tax accounting periods is 
manipulated to generate a credit in excess of the amount that would be 
allowable if all members of the group used the same tax accounting 
period, the district director may require each member of the group to 
calculate the credit in the current taxable year and all future years as 
if all members of the group had the same taxable year and base period as 
the computing member.
    (d) Membership during taxable year in more than one group. A trade 
or business may be a member of only one group for a taxable year. If, 
without application of this paragraph, a business would be a member of 
more than one group at the end of its taxable year, the business shall 
be treated as a member of the group in which it was included for its 
preceding taxable year. If the business was not included for its 
preceding taxable year in any group in which it could be included as of 
the end of its taxable year, the business shall designate in its timely 
filed (including extensions) return the group in which it is being 
included. If the return for a taxable year is due before July 1, 1983, 
the business may designate its group membership through an amended 
return for that year filed on or before June 30, 1983. If the business 
does not so designate, then the district director with audit 
jurisdiction of the return will determine the group in which the 
business is to be included.
    (e) Intra-group transactions--(1) In general. Because all members of 
a group under common control are treated as a single taxpayer for 
purposes of determining the research credit, transfers between members 
of the group are generally disregarded.
    (2) In-house research expenses. If one member of a group performs 
qualified research on behalf of another member, the member performing 
the research shall include in its qualified research expenses any in-
house research expenses for that work and shall not treat any amount 
received or accrued as funding the research. Conversely, the member for 
whom the research is performed shall not treat any part of any amount 
paid or incurred as a contract research expense. For purposes of 
determining whether the in-house research for that work is qualified 
research, the member performing the research shall be treated as 
carrying on any trade or business carried on by the member on whose 
behalf the research is performed.
    (3) Contract research expenses. If a member of a group pays or 
incurs contract research expenses to a person outside the group in 
carrying on the member's trade or business, that member shall include 
those expenses as qualified research expenses. However, if the expenses 
are not paid or incurred in carrying on any trade or business of that 
member, those expenses may be taken into account as contract research 
expenses by another member of the group provided that the other member--
    (i) Reimburses the member paying or incurring the expenses, and
    (ii) Carries on a trade or business to which the research relates.
    (4) Lease Payments. The amount paid or incurred to another member of 
the group for the lease of personal property owned by a member of the 
group is not taken into account for purposes of section 41. Amounts paid 
or incurred to another member of the group for the lease of personal 
property owned by a person outside the group shall be taken

[[Page 135]]

into account as in-house research expenses for purposes of section 41 
only to the extent of the lesser of--
    (i) The amount paid or incurred to the other member, or
    (ii) The amount of the lease expenses paid to the person outside the 
group.
    (5) Payment for supplies. Amounts paid or incurred to another member 
of the group for supplies shall be taken into account as in-house 
research expenses for purposes of section 41 only to the extent of the 
lesser of--
    (i) The amount paid or incurred to the other member, or
    (ii) The amount of the other member's basis in the supplies.

[T.D. 8251, 54 FR 21204, May 17, 1989. Redesignated and amended by T.D. 
8930, 66 FR 295, Jan. 3, 2001]