State outline of Pennsylvania

Pennsylvania's R&D tax credit offers enhanced rates for small businesses, and a unique option to sell unused credits on the open market.

Pennsylvania R&D Tax Incentives at a Glance

State Credit Structure:

  • 10% for large companies; 20% for qualified small businesses (net book value of assets $5 million or less); annual application required via myPATH between August 1 and December 1
  • $60 million annual statewide cap, prorated among approved applicants; $12 million reserved for small businesses
  • Unused credits may be sold or assigned on the open market; sellers have historically retained approximately 92-93 cents on the dollar
  • Up to 15-year carryforward; no carryback; non-refundable

Federal Benefits:

  • Available for all qualifying U.S. research
  • Payroll tax offset option for eligible startups
  • Stackable with the Pennsylvania state credit

Key Requirement:

Pennsylvania does not allow the credit to be claimed directly on your tax return. A separate annual application must be submitted via myPATH by December 1 each year for prior-year expenses.

Who Qualifies for Pennsylvania R&D Tax Credits?

To qualify, a business must conduct qualified research within Pennsylvania, meet the federal four-part test under IRC Section 41, file Pennsylvania Corporate Net Income Tax or Personal Income Tax returns, and have at least two years of Pennsylvania R&D expenditure history. All applicants must be in compliance with Pennsylvania tax reporting and payment requirements.

Common qualifying industries include pharmaceutical research, medical devices and health technology, software and technology development, advanced manufacturing and industrial automation, biotechnology and scientific research services, and defense and aerospace engineering.

Michigan R&D Credits

What Research Activities Qualify in Pennsylvania?

Pennsylvania follows federal standards under IRC Section 41. Your activities must satisfy all four criteria to qualify:

Developing New or Improved Business Components

You are creating or substantially enhancing a product, process, computer software, manufacturing technique, formula, or invention.

Technical Nature Required

Your activities fundamentally rely on engineering, computer science, physical sciences, biological sciences, or chemistry.

 

Technological Uncertainty Exists

You face genuine technical questions about capability, methodology, or appropriate design, not just commercial uncertainty about market acceptance.

Process of Experimentation Used

You are systematically evaluating alternatives through modeling, simulation, prototyping, trial-and-error testing, or iterative refinement.

Pennsylvania-specific note: Only research conducted within Pennsylvania qualifies for the state credit. The same expenses can qualify for both federal and Pennsylvania credits if the work occurred in Pennsylvania. Multi-state companies must carefully track where activities occur.

What Expenses Qualify for R&D Tax Credits in Pennsylvania?

Icon of a man holding a briefcase.

Wages and Salaries

Compensation for Pennsylvania-based employees directly conducting, supervising, or supporting qualified research activities.

 

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Supplies

Materials consumed during the research process in Pennsylvania (excludes land, depreciable property, and general inventory).

 

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Contract Research

Amounts paid to third parties performing qualified research on your behalf in Pennsylvania (subject to federal requirements).

 

The same expenses can count toward both the Pennsylvania and federal credits if the work occurred in Pennsylvania. Applications must align with qualified expense amounts claimed on federal Form 6765.

Pennsylvania-Specific Benefits

Small Business Rate Advantage

Businesses with net book value of assets of $5 million or less qualify for the enhanced 20% rate. A balance sheet must be submitted to document eligibility. A dedicated $12 million annual set-aside is reserved exclusively for small business applicants within the $60 million statewide cap.

Selling Unused Credits for Immediate Cash

Approved credit recipients who cannot fully use their award against their own tax liability may apply to sell the unused portion to another taxpayer. Sales must be completed by June 1 following the award year, and sellers have historically retained approximately 92-93 cents on the dollar.

Florida Claim Previous Credits

Federal R&D Tax Credit for Pennsylvania Companies

Pennsylvania businesses can claim the federal R&D credit in addition to state benefits for qualifying research conducted anywhere in the U.S. The federal credit can be calculated using the Regular Research Credit (RRC), which compares current spending to a historical baseline, or the Alternative Simplified Credit (ASC), a streamlined three-year average method often preferred by newer claimants.

Qualified small businesses can apply the federal credit against payroll taxes up to $500,000 per year, providing immediate cash flow benefits for Pennsylvania biotech startups and early-stage software companies. Businesses should also evaluate the Section 280C election, which affects how R&D deductions interact with the federal credit calculation.

R&D Credits for Pennsylvania Industries

See how companies in Pennsylvania's key sectors qualify

Pharmaceutical

Pharmaceutical formulations, biologics, genetic research, or novel therapies through laboratory experimentation and clinical research.

Medical Devices & Health Technology

Diagnostic equipment, surgical instruments, implantable devices, or health monitoring systems through design iteration and prototype testing.

Software & Technology

New software architectures, algorithms, cloud platforms, or AI/ML systems through iterative development and testing.

Advanced Manufacturing

Production automation, process control, quality improvements, or efficiency enhancements through engineering and systematic testing.

Biotechnology & Scientific Research

Genetics, biochemistry, or applied biology research through laboratory experimentation and compound testing.

Defense & Aerospace

Advanced materials, propulsion systems, navigation technologies, or mission-critical components through engineering and prototype testing.

How to Claim Pennsylvania R&D Tax Credits

Step 1:

Calculate Your Credit

Gather Pennsylvania-specific QRE data, compute your fixed-base percentage using prior years' data, and calculate your base amount. Apply the applicable rate (10% for large companies; 20% for small businesses) to determine your tentative credit. A minimum of two years of Pennsylvania R&D expenditure history is required.

 

Step 2:

Apply via myPATH (August 1 – December 1)

Log in to myPATH and complete the R&D Tax Credit Application with all supporting calculations. Include balance sheet documentation if claiming the small business rate, and attach federal Form 6765 as a required supporting document. All applications must be submitted by December 1.

Step 3:

Receive Award and File

The Department of Revenue reviews all applications and issues awards by May 1 of the following year. Credits are prorated based on the total statewide cap and volume of qualified requests. Claim the credit against Corporate Net Income Tax, Personal Income Tax, or other qualifying Pennsylvania taxes. If electing to sell unused credits, submit a sale approval request to the Department. Unused credits carry forward for up to 15 successive taxable years.

What Records Should You Keep?

Project-Level Descriptions:

Maintain project-level descriptions of each research activity, the technical uncertainties being resolved, and the systematic experimentation process used, with clear evidence that work occurred within Pennsylvania.

Payroll Records:

Keep payroll records and time tracking for Pennsylvania research personnel, geographic allocation records for multi-state employees, supply receipts, third-party research contracts, and balance sheet documentation if claiming the small business rate. Federal Form 6765 is required as part of the Pennsylvania application, and records must be retained for at least five years post-application.

Maintain Documentation:

Create contemporaneous documentation during the research process. The Department of Revenue may require an onsite audit, so records should be organized and accessible at the physical location provided in your application.

 

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Estimate Your R&D Tax Credit in Minutes

Find out how much your innovative work could earn back in tax credits. Use our quick calculator to estimate your potential savings — no forms, no hassle.

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 Pennsylvania Companies Should Avoid

Missing the December 1 application deadline

Pennsylvania requires a separate annual application; the credit cannot be claimed directly on your tax return. Missing the December 1 deadline means forfeiting the credit for that year entirely.

Failing to document small business eligibility

The enhanced 20% rate requires balance sheet submission proving net book value of assets is $5 million or less. Missing this documentation results in receiving the lower 10% rate.

Not pursuing credit sales

Unused credits can be sold for approximately 92-93 cents on the dollar. Failing to explore this option leaves cash benefits on the table.

Not tracking research location

Only Pennsylvania-based research qualifies for the state credit. Multi-state activities require careful geographic tracking and documentation.

Can You Claim Credits for Previous Years in Pennsylvania?

Yes. Many Pennsylvania companies have unclaimed R&D credits from prior years that can still be recovered through amended applications or returns, subject to the standard statute of limitations from the original return filing date. Historical lookback credits may be subject to proration, and award amounts will depend on the caps and applicant pool for the applicable year.

A professional review can identify qualifying activities across open years, ensure the small business rate is being captured, and build the documentation infrastructure needed to support ongoing annual applications.

WA state R&D lookback window

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 Pennsylvania R&D Tax Credits?

Pennsylvania offers one of the nation's most distinctive R&D credit programs, combining enhanced rates for small businesses with a unique credit transfer market. Whether you're applying for the first time, exploring the credit sale option, or recovering historical credits, our team provides expertise in both Pennsylvania compliance and federal optimization.

Frequently Asked Questions

What makes Pennsylvania's R&D credit program unique?

Pennsylvania combines a tiered rate structure (20% for small businesses, 10% for large companies) with a unique transferability provision-unused credits can be sold on the open market for approximately 92–93 cents on the dollar.

How does Pennsylvania's annual application process work?
Can I claim both Pennsylvania and federal credits for the same research?
What qualifies as a small business under Pennsylvania's program?
What types of activities qualify in Pennsylvania?
What documentation do I need?
How does selling unused credits work?
Do multi-state companies face special considerations?
What happens to Pennsylvania credits I don't use?
Can service companies and software developers qualify?

Access the latest Pennsylvania R&D tax credit information and filing requirements:

Pennsylvania Department of Revenue: R&D Tax Credit Program

Official guidance on eligibility, application process, and program overview

R&D Tax Credit Program: How to Apply

Step-by-step instructions and required documentation for the myPATH application

myPATH Application Portal

Online portal for submitting annual R&D tax credit applications (opens August 1)

Base Amount Calculation Guidance

Michigan Treasury guidance on calculating the base amount for the R&D credit

61 Pa. Code § 9.17

Regulatory guidance on R&D credit implementation issues

IRS Form 6765

Federal R&D credit form and instructions

Pennsylvania R&D Tax Credit Annual Report (2025)

Latest annual statistics on awards, credit sales, and fiscal impact

IRC Section 41

Federal law defining qualified research activities

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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.

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This information serves general educational purposes and does not constitute tax, legal, or accounting advice. Tax laws and regulations change regularly. Pennsylvania's R&D credit structure, including credit rates, annual caps, set-aside amounts, and application requirements, is subject to adjustment by the Pennsylvania Department of Revenue and the Pennsylvania General Assembly. Federal R&D credit information reflects law as of January 2026 but remains subject to modification. Specific rates, percentages, thresholds, and carryforward periods should be verified with current tax law and qualified tax professionals. Consult qualified tax professionals before making decisions based on this information. Documentation and substantiation requirements are critical for defending claims during application review and audit.

Last Updated: February 2026
Next Review: Quarterly or upon state or federal legislative or administrative changes