Delaware offers a state R&D tax credit for businesses that incur qualified research expenses within the state. The credit rewards increases in research spending over a baseline and includes enhanced rates for qualifying small businesses. It stacks directly with the federal R&D credit, allowing qualifying companies to reduce innovation costs at both levels simultaneously.
Delaware R&D Tax Incentives at a Glance
Delaware State Credit:
- Delaware R&D Tax Credit under Del. Code tit. 30, § 2070(a), for tax periods after December 31, 2016
- Two methods available: (1) incremental percentage of Delaware QREs above the Delaware base amount, or (2) based on Delaware's share of the federal Alternative Simplified Credit
- Standard rate: 10% of excess QREs or 50% of apportioned federal ASC
- Partially refundable: unused approved credit is refundable if it exceeds Delaware tax liability
- No statutory sunset: § 2073 provides the credit remains available even if the federal IRC § 41 credit is terminated
Federal Benefits:
- Available for all qualifying U.S. research regardless of state
- Payroll tax offset for eligible startups, up to $500,000/year applied against employer payroll taxes
- Stackable with Delaware's state credit on the same qualifying in-state expenses
Key Distinctions:
- Delaware offers two calculation methods. Standard taxpayers choose between 10% of Delaware QREs above the Delaware base amount, or 50% of Delaware's apportioned share of the federal ASC. Small businesses use enhanced rates of 20% and 100% respectively.
- The credit is partially refundable. If an approved credit exceeds the taxpayer's Delaware tax liability, the unused portion is refundable rather than carried forward. This is a significant change from the pre-2017 regime.
- Taxpayers must apply on Form 2070AC by September 15 following the tax year. The Director reviews and approves the credit; it cannot be claimed on the return without that approval.
Who Qualifies for Delaware's R&D Tax Credit?
What Research Activities Qualify in Delaware?
Delaware follows the federal four-part test under IRC Section 41 to determine whether research activities qualify. If your work satisfies the federal standard, it will generally qualify at the state level as well.
What is worth noting for Delaware specifically is what the test does not require: there is no geographic zone your work has to fall within, no approved industry list, and no certification of qualifying activities before you begin. The question is whether each activity meets the federal definition and whether it took place in Delaware.
For businesses operating across multiple states, accurate allocation of wages and expenses is important. The Delaware Director reviews where services were performed when determining which expenses qualify as Delaware QREs, so geographic records are a core part of building a supportable claim.
What Expenses Qualify for Delaware's R&D Tax Credit?
Delaware follows the federal definition of qualified research expenses under IRC Section 41, limited to costs for services performed within Delaware.
R&D Credits for Delaware Industries
How Qualifying Research Looks Across Delaware's Key Sectors
Financial Services Technology
Delaware is home to a significant share of U.S. credit card issuers and financial institutions. Qualifying research includes custom risk modeling software, fraud detection systems, algorithmic trading platforms, and proprietary data infrastructure developed through iterative technical testing.
Pharmaceuticals and Life Sciences
Delaware's proximity to the Philadelphia-area life sciences corridor supports drug formulation, biologics development, and clinical research operations. Qualifying activities include new compound development, delivery mechanism research, and laboratory-based experimentation.
Chemical Manufacturing
The DuPont legacy has left Delaware with a deep base of chemical and materials science expertise. Qualifying research includes new formulation development, industrial process improvements, materials testing, and specialty chemical innovation through systematic experimentation.
Software and Technology
Delaware-based development teams working on new software architectures, cybersecurity platforms, data systems, or proprietary algorithms can qualify when their work involves technical uncertainty and iterative refinement rather than routine maintenance.
Advanced Manufacturing
Manufacturers developing new production processes, automation systems, or engineered materials through systematic experimentation and technical testing can qualify on wages, supplies, and contract research tied to Delaware-based activities.
Agriculture and Food Science
Delaware's agricultural sector and food processing operations can qualify for research into new cultivation techniques, crop improvement, food safety processes, or production technology innovations developed through technical experimentation.
Federal R&D Tax Credit for Delaware Businesses
The federal R&D credit under IRC Section 41 is available to Delaware businesses independently of the state program and applies to qualifying research conducted anywhere in the United States. Because Delaware's Method 2 calculation ties directly to the federal Alternative Simplified Credit, businesses that have already calculated their federal ASC have a natural starting point for the Delaware credit as well.
One planning consideration specific to Delaware: the state credit is partially refundable for approved amounts exceeding Delaware tax liability, which makes it more immediately valuable than a pure carryforward credit. The federal payroll tax offset remains relevant for qualified small businesses that may lack sufficient Delaware tax liability to absorb the full credit in the year it is approved.
Delaware conforms to federal definitions of qualified research expenses, but businesses should be aware that the federal treatment of R&D expenses under Section 174, which now requires amortization over five years for domestic research rather than immediate deduction, may affect overall R&D tax planning.
How to Claim Delaware's R&D Tax Credit
What Records Should You Keep?
Estimate Your R&D Tax Credit in Minutes
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Saving Money, Spurring Innovation
Every day, companies nationwide further the mission of innovation with new products, processes and initiatives that change the landscape of how we do business. But innovation takes funding, and with that comes a vicious cycle: You need money to grow your business and develop your products and services… but you also need to do those same things to bring money in.
That’s why R&D tax credits were established. Designed to encourage companies like yours to invest in the innovation, creation and improvement of products or processes, R&D tax credits can offset some of the costs associated with research and development — fueling growth and technological advancement.
Pitfalls Delaware Businesses Should Avoid
Can You Claim Credits for Previous Years in Delaware?
Delaware's credit requires a Form 2070AC application filed by September 15 following the tax year. If that deadline was missed for a prior year, the state credit for that year generally cannot be recovered retroactively.
The federal R&D credit is a different story. It remains available on amended federal returns for open tax years within the standard statute of limitations. Many Delaware businesses, particularly in financial services, pharmaceuticals, and manufacturing, have significant unclaimed federal credits available across prior years.
A professional review can identify qualifying federal credits across open years, assess existing documentation, and put the right processes in place so the Delaware application deadline is never missed going forward.
Watch our latest videos to learn more!
Confused about whether you qualify or how the credits work? Our videos break it all down for you.
Ready to Maximize Your Delaware R&D Tax Credits?
Delaware's R&D credit rewards businesses that are growing their research investment, with enhanced rates for smaller companies and a refundable structure that delivers value even when current-year tax liability is limited. But the September 15 application deadline, the Director's review of geographic expense allocation, and the choice between two calculation methods mean that getting the most out of this credit takes planning. Our team can help you choose the right method, meet the filing requirements, and build the documentation to support a strong claim.
Frequently Asked Questions
No. Delaware's R&D credit is based on where qualifying research expenses are incurred, not where a company is incorporated. What matters is whether the research services were performed in Delaware.
Access the latest Delaware R&D tax credit information and filing requirements:
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Lucia Valenzuela
Chief Innovation Officer (CInO)
Lucia is the driving force behind the adoption of new technologies and services at our firm. She stays up to date on advancements and works with firm leadership to develop and implement strategic plans that align with our goal of enhancing the client and employee experience.
Lucia brings to James Moore a decade of experience and forward-thinking leadership in technology, public accounting and tax law matters. A trusted advisor in the field of R&D tax credits, she has successfully guided thousands of companies through the complexities of filing for that credit. Her other notable achievements include the market launch of revolutionary tax software and building a large specialty tax practice at a top 50 accounting firm.
Lucia’s knowledge of technology, strategic partnerships, teambuilding, public accounting and tax law provides our firm with a new and unique perspective on client service and operations. Outside of James Moore, Lucia is active in local bar associations and their respective boards. She also volunteers with Project Youth, Step-Up and other organizations focused on mentoring and empowering underprivileged youth in their journeys toward college.
This information serves general educational purposes and does not constitute tax, legal, or accounting advice. Delaware's R&D Tax Credit program, including credit rates, eligibility thresholds, and filing requirements, is subject to change by the Delaware General Assembly and the Division of Revenue. Credit rates and small business thresholds reflect law under Del. Code tit. 30, § 2070 for tax periods after December 31, 2016. Federal R&D credit information reflects law as of May 2026. Consult qualified tax professionals before making decisions based on this information.
Last Updated: May 2026
Next Review: Quarterly or upon state or federal legislative or administrative changes





