Are R&D Tax Credits Available in Kentucky?

Yes. The state of Kentucky provides the Research and Development (R&D) Tax Credit for businesses that invest in facilities used to pursue research and may qualify for a state income tax credit. Here is a summary:

  • The nonrefundable income tax credit is equal to five percent (5%) of the qualified cost for "construction of research facilities" for "qualified research" as defined in Internal Revenue Code Section 41.
  • "Construction of research facilities" means constructing, remodeling, and equipping facilities in Kentucky or expanding existing facilities in Kentucky for qualified research.
  • Includes only tangible, depreciable property, and does not include any amounts paid or incurred for replacement property.
  • Any unused credit may be carried forward for 10 years.
  • The tax credit was enacted in 2002 and currently applies to taxable years beginning on or after January 1, 2007.

Kentucky R&D Tax Credit Case Study

A company constructed a new research facility in Lexington, Kentucky. The company designs and manufactures components for the automobile industry. In addition to the federal R&D Tax Credit it has traditionally claimed, the company claimed state R&D Tax Credits for the construction of a new research facility in 2014. This project involved a multi-year study covering the tax years 2011 - 2014.

The Company qualified for the federal R&D Tax Credits of $327,833 and an additional $210,000 in Kentucky state R&D Tax Credit.

FEDERAL
KENTUCKY
Year
Total QREs
Credit
Total QREs
Credit
2014
$1,300,000
$135,333
$4,200,000
$210,000
2013
900,000
91,100
NA
NA
2012
650,000
63,000
NA
NA
2011
450,000
38,500
NA
NA
Total $3,300,000 $327,833 $4,200,000 $210,000

Four-Part Test

Qualified research activities are defined by the four-part test outlined below

Technological in Nature
Activities must fundamentally rely on the principles of physical or biological science, engineering, or computer science.

Permitted Purpose
Activities must be performed in an attempt to improve the functionality, performance, reliability, or quality of a new or existing business component.

Eliminate Uncertainty
Activities intended to discover information that could eliminate technical uncertainty concerning the development or improvement of a product.

Experimentation
All activities must include a process of experimentation including testing, modeling, simulating, and systematic trial and error.