Bottom line: If a company makes $1MM in revenue and pays $1MM in salary, they owe taxes on $800k profit. Yes, this is actually the law now.
surely tax changes come in the form of congressional+presidential bills and amendments
The salaries are not an asset, they are the cost of creating the asset. They are capitalizable similar to (but on a different schedule than) costs of acquiring software that is not developed in house.
1: https://irc.bloombergtax.com/public/uscode/doc/irc/section_1...
I guess the one area this tax law particularly affects are bootstrapped revenue-generating (non-VC funded) startups with high dev costs? i.e., actual running businesses not playing with monopoly money.... which maybe Elon doesn't care about....
(In 2024, if a company paid salaries for a software developer, a novel writer, and a cook, does each of those 3 positions affect taxes in the same way?)
It's more like if before the law was passed they'd hire 5 new devs, now they can only afford 3 and have to make do until more revenue comes in
Same thing happened when they restructured tax code to interpret withholdings differently. Everyone saw more on their paycheck temporarily (and they gave speeches about it!) but owed more later if they didn't change their withholdings.
(c) Special rules.
(3) Software development. For purposes of this section, any amount paid or incurred in connection with the development of any software shall be treated as a research or experimental expenditure.
(c.1 and c.2 are the opposite - carveouts for land acquisition and fossil fuel and mining exploration)So it’s likely the second — and was likely used in part to pay for those very same withholding changes! Or the then-new tax-exemption for lobbying expenses.
"Note: these changes were signed into law in 2017 but came into effect in 2022"
Like I thought, changes were meant to be a time bomb if the GOP wasn't in control.