this is the whole crux of the matter. interpretation #2 says that the law now says that you MUST ("shall") consider all software development expense as R&D expenditures that are amortized over 5/15 years.
i personally believe that the intended/appropriate interpretation is #1 - you MAY consider software development expense as R&D and include in an R&D deduction if you choose to take one.
but it is far from clear what was intended and/or how the IRS interprets it.
that’s interesting well the IRS is going to get gutted anyway, I don’t see this particular issue being looked at with any scrutiny that requires litigation
chance of IRS being gutted: not zero but close to it. that bill from the house is incredibly unlikely to even get a hearing in the senate, and even if it did and it passed, somehow, biden will veto it (and that veto will not be overridden.
The problem is that the CBO has been entirely clear that cutting IRS funding increases the deficit, and there's plenty of senators and a white house staff eager to point this out.
i personally believe that the intended/appropriate interpretation is #1 - you MAY consider software development expense as R&D and include in an R&D deduction if you choose to take one.
but it is far from clear what was intended and/or how the IRS interprets it.