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R&D Tax Credit for Construction / AEC

Custom structural, MEP, BIM & prefab

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Why Construction / AEC companies qualify

Custom structural, MEP, and constructability engineering frequently require resolving design uncertainty for unique site, load, or code conditions — qualified when the firm bears the risk and retains rights.

The credit is calculated on qualified research expenses (QREs) — primarily wages for engineers and technical staff who spend time on qualifying activities, plus supplies, cloud/compute, and 65% of qualified contract research.

Qualifying activities in Construction / AEC

The table below lists the business components that most often qualify, a common example, and the technical uncertainty that makes each one defensible.

Business componentExampleTechnical uncertainty
Custom structural engineering Novel structural system or seismic design Will the design meet load and code under site constraints?
MEP systems design Complex HVAC, electrical, or plumbing system How to optimize MEP for performance and code compliance?
BIM & digital modeling Clash detection, parametric coordination How to model and coordinate complex systems digitally?
Prefabrication & modular Modular or prefabricated assemblies Will prefab methods meet tolerance and structural needs?
Energy & sustainability design Net-zero or passive-system design Will the design meet energy-performance targets?
New materials & methods Mass timber, novel concrete mix Will the material or method perform structurally?
Geotechnical & site engineering Foundation design in difficult soils Which approach resolves the geotechnical uncertainty?
Construction process / sequencing New construction method or sequence Which method is feasible, safe, and efficient?

Project examples: experimentation vs. routine delivery

Could qualify

For an unusual site, engineers model and compare foundation or structural alternatives to resolve uncertain soil and load behavior, then test the selected approach. The work may qualify if it involves a documented process of experimentation and the firm bears the research risk and retains substantial rights.

Typically does not

Preparing permit drawings from established plans, routine code checks, or ordinary field coordination generally does not involve experimentation. Client-paid work may also be excluded as funded research when the client bears the financial risk and retains the rights; the contract terms and actual work matter.

Role and activity map

Find your own job titles below. Each row shows the wage category a role usually falls under and the kinds of work that typically do and do not count. Titles alone never make wages eligible; the activity must meet the four-part test.

7 of 7 roles shown

RoleWhat they doWage categoryTypically qualifiesTypically does not
Tests designs against loads, constraints and performance requirements. Direct research Comparing uncertain structural alternatives, Experimental connection designs +1 more Routine code checks, Applying established details +1 more
Develops site and infrastructure solutions where the approach is uncertain. Direct research Uncertain drainage system alternatives, Experimental foundation methods +1 more Routine surveying, Standard site plans +1 more
Develops building systems that must work under unusual constraints. Direct research Uncertain thermal-system design, Novel integration alternatives +1 more Standard equipment selection, Routine inspections +1 more
Evaluates technical building designs rather than appearance alone. Direct research Experimental envelope assemblies, Technical performance design alternatives +1 more Aesthetic design alone, Client presentations +1 more
Builds models and tools used to test engineering alternatives. Direct support Model preparation for qualifying experiments, Research-specific simulation support +1 more Routine clash detection, Standard model updates +1 more
Develops and tests uncertain construction methods. Direct research Experimental assembly methods, Uncertain temporary support designs +1 more Project scheduling, Routine site supervision +1 more
Directly supervises the engineers testing design alternatives. Direct supervision First-line technical direction, Review of qualifying experiments +1 more Client billing, General project management +1 more

Wage categories follow IRC Section 41. Only the portion of time spent on qualified research counts, and the percentage must be documented.

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Watch-out: Funded research risk

Funded-research risk is high in AEC. Work fully paid for by a client who bears the risk, with no retained rights, is excluded. Confirm contract terms before claiming.

Example credit scenario

Illustrative first-year ASC calculation

Qualified W-2 wages$500,000
Supplies$5,000
Cloud & computer rental$20,000
Contractor research spend$100,000
↳ 65% statutory haircut (IRC §41(b)(3))$65,000
Total QRE$590,000
Illustrative first-year ASC credit (6%) ≈ $35,400

Illustrative example using sample figures. Your actual credit depends on your facts; see Form 6765 and consult a tax professional.

The four-part test applied to Construction / AEC

The IRS requires qualifying research to satisfy four tests. Here's how they typically map for this industry:

Permitted purpose

The activity aims at improving a product, process, software, or technique used in the business — not just a business outcome.

Technological in nature

The work relies on principles of engineering, computer science, biology, chemistry, or another hard science to resolve uncertainty.

Elimination of uncertainty

There was genuine uncertainty at the outset about whether — or how — the component could be built or improved.

Process of experimentation

The team evaluated alternatives: A/B tests, prototypes, benchmarks, simulations, or iterative design-build-test cycles.

Three steps to identify eligible time

  1. Name the project, not the person. What were you trying to build or improve, and what did you not know when you started?
  2. List who touched it. Who built it, who directly supervised them, who tested or supported it.
  3. Put a band on it, then back it into evidence. Pick a range, not an exact number, then name where it comes from: tickets, sprints, time entries, commit history, design docs, incident reports.

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Questions to ask your team

Take these into a 15-minute conversation with your team.

  1. Who do you ask when you need something designed or built internally? Ask it twice: once about products and features, once about the production or delivery process.
  2. Who is that person's direct supervisor, and does that supervisor review the technical decisions?
  3. Does anyone report to that person?
  4. Which employees do you turn to when something is broken and nobody knows why?
  5. Which project did you start without knowing whether it would work?
  6. Who was in the room when you decided how to build it?
  7. Who ran the test, build or pilot and wrote down the results?
  8. Was any of this paid for by a customer or a grant, and did anyone outside the US work on it?

The last question matters most. Customer-funded work and work performed outside the US are generally excluded. Funded work is excluded to the extent your business does not bear the financial risk or does not retain substantial rights in the results.

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Frequently asked questions

Does a custom building design automatically qualify?

No. Customization by itself does not establish qualified research. Document technical uncertainty, the alternatives evaluated and the experimentation used to resolve it.

Can client-paid engineering qualify?

Contract terms and actual risk allocation matter. Work may be excluded as funded research when you do not bear financial risk or retain substantial rights in the research.

Do BIM and simulation activities count?

They may support qualifying research when used to test uncertain technical alternatives. Routine modeling, drafting and clash detection are not automatically research.

Are permit and code-compliance tasks eligible?

Routine permitting and compliance administration generally are not qualified research. Separate those tasks from technical experiments undertaken to solve design uncertainties.

Can subcontract engineering costs count?

A portion of eligible U.S. contract research expenses may count when applicable requirements are satisfied. Review agreements, retained rights, financial risk and the actual research performed.

What project documentation helps?

Keep design alternatives, calculation revisions, simulation outputs, test records and supported time allocations. Retain contracts so the research funding and rights analysis can be reviewed.

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See how much your Construction / AEC team qualifies for

Most companies underestimate what they can claim. Our study covers every qualifying role, every component, and every year still open for amendment.

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