What does controlled group due diligence require for the R&D credit?
Under IRC §41(f), a group of entities under common ownership is treated as a single taxpayer for the research credit. That means you must aggregate qualified research expenses (QREs) and historical gross receipts across every member, compute one group credit, and allocate it to each entity in proportion to its share of QREs.
Doing this defensibly requires four documentation layers: group structure (org charts, cap tables, §318 attribution, and a credit allocation attachment), qualified research (business component descriptions and four-part-test mapping), QRE substantiation (W-2 wages with a three-way time split, supply invoices, and third-party contracts), and base-period history (group-wide gross receipts and QREs back to 1984–1988). All records must be contemporaneous — reconstructed records will not survive an IRS exam.
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Group Structure Documentation §41(f)(5) · §1563
- Org charts & cap tables — the ownership chain for every group entity, with the ownership percentage per common owner, dated December 31.
- Entity agreements — operating agreements, bylaws, and partnership documents for each entity.
- §318 attribution analysis — trust agreements and attribution documentation wherever constructive ownership rules apply.
- Group credit attachment — on each member's return: aggregate QREs, the member's proportionate share, the allocated credit, and the §280C statement.
Qualified Research Activities §41(d) · Four-Part Test
- Business component descriptions — by type: product, process, software, formula, technique, or invention.
- Technical uncertainty docs — what was not known at project outset; genuine uncertainty that existed before work began.
- Experimentation records — hypotheses tested, alternatives evaluated, and results, including failures.
- Four-part test mapping — permitted purpose, technological nature, elimination of uncertainty, and process of experimentation.
New to the four-part test? See does your work qualify — industries & activities and the business components documentation guide.
Wage QREs §41(b) · §3401(a) · W-2 Only
- Payroll journals & W-2s — federal taxable wages only; exclude 401(k), benefits, and pretax deductions.
- Time tracking by component — the direct research / direct supervision / direct support split, per project.
- Job descriptions — written justification per role, especially critical for officers.
- Officer wage support — courts have excluded officer wages without documented time allocation (Moore v. Commissioner).
Supply & Contract QREs §41(b)(2) · §41(d)(4)(H)
- Supply invoices & POs — a direct link to a qualified research activity is required; general supplies are excluded.
- G/L records by project — expense entries coded to specific qualified research components.
- Third-party research contracts — full copies covering compensation structure, IP / rights terms, and payment terms.
- Funded research screen — third-party funded expenses are not QREs; review every contract.
Base Amount & History §41(c) · Fixed-Base %
- Historical gross receipts — all group members aggregated back to the base period (1984–1988).
- Historical QREs — all open years — the group-wide aggregate for all open tax years, not single-entity.
- Acquisition / disposition docs — trade-or-business changes since 1984 affecting the fixed-base percentage calculation.
- Fixed-base % workpapers — full group history is required; a single-entity computation is a common exam error.
Form 6765 Requirements Phase-In: 2024 → 2026
Items A & B
§280C election plus mandatory controlled group membership disclosure (required starting 2024).
Sections E & F (2024+)
Component count, officer wages, and a QRE summary with the 3-way wage split (direct research, direct supervision, direct support).
Section G (2026 mandatory)
Per business component: name, type, information sought, wages by activity, and supply & contract research costs.
80% / Top 50 Rule
Report the top 80% of QREs, capped at a maximum of 50 components — applied per entity for separate controlled group filers.
For the broader filing mechanics, see the methodology & Form 6765 filing guide.
Practical Due Diligence Summary for a Controlled Group
| Documentation Layer | Who Owns It |
|---|---|
| Ownership / org charts, cap tables, entity agreements | Group-level / tax counsel |
| Controlled group credit allocation attachment | Filed with each member's return |
| Business component project descriptions | Each entity with QREs |
| Employee time records (3-way split) | Each entity with wage QREs |
| Officer wage substantiation | Each entity |
| Supply invoices tied to projects | Each entity |
| Third-party research contracts | Each entity |
| Historical gross receipts & QREs (base period) | Group-level aggregate |
| Form 6765 Sections E, F, (G) | Each entity filing separately |
