Ricerca

You call it recipe testing. The statute calls it a process of experimentation.

Formulation, shelf life, scale-up, and packaging development clear the four-part test more often than this industry claims. The work is separating that from consumer preference testing and routine quality control, which are expressly excluded.

Photo by elevatebeer on Unsplash

Why food and beverage development qualifies

A formulation is a formula; a production route is a process. Both are named in the statutory list of business components, so both are eligible subjects in their own right - the process qualifies even when the product coming off the line is unchanged.

The work qualifies when the information available to you did not establish whether the result could be achieved, or how, and you resolved that through a systematic process of experimentation: designing alternatives, running them, measuring, and changing the formula or the parameters on the result. That is what a development log already records, and it is tested against the IRC §41 four-part test activity by activity.

This industry underclaims for a specific reason: the vocabulary. “Recipe testing”, “trial run”, and “panel” do not sound like research, so the hours and the ingredients never reach a preparer. Meanwhile the one thing that genuinely is excluded - asking consumers which version they prefer - happens in the same building, which makes the line worth drawing carefully. See documentation & substantiation for what the record needs to carry.

Seven things that happened at bench or on the line last year

Not activity categories - situations. If any of these read like a project you actually ran, there is very likely a qualified business component underneath it.

  • “The reformulation had to hold without the ingredient we lost.”

    A supply change or a label commitment removed a functional ingredient. Replacement systems were built and tested for texture, stability, and process behaviour, and two were abandoned on the data.

    Why it can qualify: Functional uncertainty about whether and how the component could be made to perform, resolved by evaluating alternatives.

  • “It was fine at week two and gone at week eight.”

    Shelf-life and stability trials were run across formulations, packaging, and storage conditions until the failure mode was understood and designed out.

    Why it can qualify: Improving reliability and quality is a permitted purpose, and a designed trial series is a process of experimentation.

  • “The bench formula did not survive the pilot line.”

    Shear, heat load, hold times, and equipment geometry changed the product. Process parameters were developed and re-run at pilot scale before the formula was released.

    Why it can qualify: Scale-up uncertainty about the process, which is its own business component under §41(d)(2)(B).

  • “We had to hit the same product with a different process.”

    A new thermal, high-pressure, or aseptic route was developed to reach the same quality target, and the process window had to be established rather than looked up.

    Why it can qualify: Method uncertainty in the physical and biological sciences, resolved by systematic trial rather than by supplier guidance.

  • “The package failed before the product did.”

    Barrier, seal integrity, and migration behaviour were tested across materials and formats, and the structure was changed on the results.

    Why it can qualify: Packaging development that resolves a technical performance question is qualified research; a graphics refresh on the same structure is not.

  • “Yield on the new line was nowhere near the model.”

    Changeover sequence, cleaning regime, and line parameters were trialled against scrap and giveaway data until the process held at rate.

    Why it can qualify: Process development on a business component you never sell. Improving how you make it is squarely inside the statute.

  • “The allergen and clean-label constraints ruled out the obvious answer.”

    A compliant system had to be developed from scratch, with functionality and sensory performance re-established through repeated bench and plant trials.

    Why it can qualify: A real constraint that the available information did not tell you how to meet, resolved experimentally.

Illustrative situations, not client work. Whether any of them qualifies for you depends on your facts, your agreements, and your evidence.

Two machined aluminum flange parts resting on their own engineering drawings
Development notes across a trial series. Illustrative.Photo by EnCata PD on Unsplash

The trial log is the substantiation

Development groups in this industry keep better records than they think: formulation sheets with version numbers, trial protocols, stability pull schedules and their results, plant trial run cards, and the batches that were destroyed and why. Read as evidence rather than as housekeeping, that is a business component narrative already half written.

What usually has to be rebuilt is the money. Trial ingredients disappear into cost of goods, plant trial hours into production labour, and the pilot line into a capital project. Tying those back to the trials they belong to is where most of the recoverable value on this vertical actually sits.

How substantiation is assembled

The food and beverage work that commonly qualifies

Representative activities we see meet the four-part test across product development, process engineering, and packaging.

Formulation & reformulation

Developing new products and rebuilding existing ones around supply, cost, allergen, nutrition, or label constraints when functionality has to be re-established.

Shelf-life & stability testing

Designed trial series across formulation, packaging, and storage conditions where the failure mode is not known in advance.

Process development & scale-up

Taking a bench formula to pilot and then to line, establishing the process window rather than copying one across.

New production methods

Thermal, high-pressure, aseptic, fermentation, extrusion, and separation routes whose behaviour on your product has to be established.

Packaging development

Barrier, seal, and format engineering where the technical performance of the structure is the open question.

Yield, scrap & line engineering

Process and equipment work to hold a spec at rate, reduce giveaway, or shorten changeover when the answer is not already known.

Food-safety process validation

Developing and validating a new control step - a novel kill step or intervention - as distinct from running an established monitoring programme.

Analytical method development

Building and qualifying test methods where no suitable published method exists for your matrix.

Ingredient & process technology

Developing enzymes, cultures, coatings, or processing aids, and establishing how they behave in your system.

Typical QRE categories for food and beverage

What spending counts toward the credit - and why the supply line matters more here than in almost any other industry.

Typical QRE categories and their statutory basis
Expense category What goes into the base
Technical wages§41(b)(2)(A)-(B)W-2 wages for food scientists, process and packaging engineers, QA technicians on development work, and the plant staff whose time directly supports a trial.
Supplies§41(b)(2)(C)Ingredients, packaging, and materials used and consumed in bench, pilot, and plant trials - including product that cannot be sold because it was a trial. Not depreciable equipment.
Contract research (65%)§41(b)(3)65% of amounts paid to U.S. contract laboratories, pilot facilities, and development partners for qualified research performed on your behalf under a pre-existing agreement.
Computer rental§41(b)(2)(A)(iii)Amounts paid for the right to use computers in qualified research. Usually a small line here, and software seats are not a §41 expense category.
General and illustrative. Only qualified research performed in the United States, Puerto Rico, or a U.S. possession is eligible, and contract research enters the base at 65% of the amount paid under §41(b)(3).

What the base usually looks like

Illustrative

A directional shape for a development-active manufacturer, not a benchmark. The supply line is unusually large here, and it is also the line most often left out entirely.

Technical wages - Development, process, packaging, and directly supporting plant time.
62%
Supplies - Trial-batch ingredients and packaging consumed at bench, pilot, and line.
27%
U.S. contract research - Contract labs and pilot facilities, in the base at 65% of amounts paid.
10%
Computer rental - Rarely material for a food or beverage business.
1%

Where the line sits

Pilot equipment, tanks, and line hardware you keep are property subject to depreciation, so they are outside the supplies category however central they are to development. What is used up in a trial - ingredients, packaging, the batch that went to waste - is the part that belongs in the base.

The constraint is almost always records rather than law. Trial runs need to be separable from production runs in whatever system the plant already keeps: a work-order type, a trial batch code, a cost centre. If nobody can tell the two apart afterwards, an examiner will make the same observation.

Full QRE rules, category by category

Exclusions to watch

What we screen out before anything enters a base

Food and beverage claims fail on a short and predictable list, and the first item on it happens in the same building as the qualifying work.

§41(d)(4)(D)

Asking consumers what they prefer

Market research, consumer preference panels, sensory testing run to choose between options that all work, and efficiency or management studies are expressly excluded. The distinction is the question being asked: “will this system deliver the texture at all” is technical, “which of these three do shoppers like more” is not. Trained descriptive panels used to measure a technical outcome sit closer to the first question, and the record has to show which one was being answered.

§41(d)(4)(A), (B)

Production runs and routine adaptation

Once a product is in commercial production, work on it is outside the credit. So is adapting an existing product or process to a particular customer’s requirement - a private-label version of a formula you already make, a pack size change, a flavour line extension using a system you have already proved.

§41(d)(4)(D)

Routine quality control

Ordinary testing and inspection for quality control, routine data collection, and running an established HACCP or monitoring programme are excluded however technical the instruments are. Developing and validating a genuinely new control step is a different activity and is a candidate.

§41(d)(3)(B)

Cosmetic and seasonal changes

Design factors relating to style, taste in the marketing sense, cosmetic appearance, or season are outside the permitted purposes. A new label, a holiday pack, or a colour change with no technical problem underneath it is not research - and note that “taste” in this exclusion means consumer preference, not the physical chemistry of flavour delivery.

§41(d)(4)(F), (H)

Co-manufacturing, co-packing, and overseas work

Development a customer paid for, where you neither bore the risk of failure nor kept substantial rights, is funded research and is excluded. Research performed outside the United States is excluded whatever the arrangement. Both cut in either direction depending on which side of the co-man relationship you sit on, which is why the agreement gets read first.

None of these is a reason not to claim. They are reasons to separate the trial from the panel, and the development batch from the production batch, before the number is filed - which is what Audit Protection and a documented substantiation file are for.

The federal credit is rarely the whole number

Food and beverage manufacturing is plant-bound, which is exactly the profile states legislate for. Most states with a corporate income or franchise tax run their own R&D credit, each with a different base, rate, cap, carryforward, and refundability - and a federal number multiplied by a state rate is not a state credit. Ricerca computes both from one substantiated research base.

If you are a newer producer, test §41(h) as well: a qualified small business may elect to apply up to $500,000 of credit per year against payroll taxes rather than income tax. It turns on gross receipts under $5 million in the credit year and on not having had gross receipts before the five-year window ending in that year, it is claimed on Form 8974 with your quarterly employment tax return, and it cannot be made for more than five tax years.

Rough QSB screen

  • Gross receipts under $5M in the credit year
  • No gross receipts before the five-year window ending in that year
  • A real U.S. payroll to offset
  • Election made on a timely-filed return, not after the fact
  • Five tax years is the maximum, ever

Summary only - the statutory definition and the aggregation rules decide it. We test them explicitly.

What a food and beverage study can look like

A hypothetical scenario to show how the pieces fit together. It is not a quote, projection, or promise of results.

~150-person specialty food manufacturer
Illustrative
Development, process, and QA payroll
$2.4M
Share on qualified development
~45%
Trial ingredients and packaging consumed
$470K
Estimated QRE
~$1.6M
Illustrative federal credit
≈ $96K-$160K

Plus the full §174A first-year deduction on domestic research and experimental costs.

Illustrative only. Figures are hypothetical and rounded; the federal credit commonly works out to roughly 6-10% of QRE depending on method, filing history, and the §280C election. Your result depends entirely on your facts, and on whether your trial spend can be separated from production. This is not a quote or a guarantee.

Don’t forget §174A

Domestic R&E is fully deductible again

IRC §174A restores immediate, full expensing of domestic research and experimental costs for tax years beginning after December 31, 2024. Its definition is broader than the §41 credit’s, so development spend that does not clear the four-part test can still qualify for the deduction. A study run properly captures both.

Food & beverage - frequently asked questions

Is recipe development really research?
It can be, and the word “recipe” is what puts people off asking. The test is not novelty to the industry: it is whether the information available to you established how to achieve the result, and whether you resolved that by evaluating alternatives. Rebuilding functionality after losing an ingredient, hitting a stability target you have not hit before, or making a formula survive a process it was not designed for are ordinary examples of genuine technical uncertainty. Simply scaling a known formula, or swapping a flavour in a system you have already proved, generally is not.
Do consumer taste panels count?
Generally no. §41(d)(4)(D) excludes market research, consumer surveys, and efficiency studies, and a panel run to decide which of several working options people prefer is exactly that. A trained descriptive panel used as an analytical instrument - to measure whether a technical change produced the intended effect - is a different use of the same room, and the substantiation has to show which question was being answered.
Do trial batches and pilot runs count as supplies?
Usually yes, and this is the most commonly missed money on this vertical. Ingredients and packaging used and consumed in bench, pilot, and plant trials are supplies under §41(b)(2)(C), including product that could not be sold because it was a trial. What is excluded is land and property subject to depreciation, so pilot equipment you keep is outside the category however much it cost. The practical constraint is records: if the plant cannot tell a trial run from a production run in its own data, neither can anyone else.
Does packaging development qualify?
When the open question is technical, yes. Barrier performance, seal integrity, migration, and structural behaviour under distribution are engineering problems, and developing a structure against them can meet the four-part test. A graphics refresh, a new label, or a seasonal pack on an unchanged structure falls under the style and appearance exclusion in §41(d)(3)(B).
We use a co-manufacturer. Who claims the development?
Whichever party bore the economic risk and retained substantial rights, tested agreement by agreement. If your co-man developed the process on your behalf under an agreement entered into before the work that required you to pay whether or not it succeeded, the amounts can be contract research for you at 65% under §41(b)(3). If the co-man funded and owns the development, it is generally theirs. The same work cannot produce a full credit for both sides - see how contract clauses decide who gets the credit.
Does food-safety work qualify?
Developing and validating a genuinely new control step - establishing a kill step, an intervention, or a process window that has not been established for your product - can qualify, because the outcome is not known in advance. Running an existing HACCP plan, routine environmental monitoring, and ordinary quality-control testing are excluded under §41(d)(4)(D) as routine data collection and routine testing.
Is a line-efficiency project research?
It depends on whether the answer was known. Re-engineering how you make a product - to raise yield, cut giveaway, hold a tighter spec, or shorten changeover - is work on a process business component, and process is in the statutory list. But an efficiency study in the management sense, or installing a known solution the supplier specified, is not. The dividing line is whether something had to be figured out by trial.
Does §174A apply to us?
Yes, and on a broader definition than the credit. §174A restores immediate expensing of domestic research and experimental expenditures for tax years beginning after December 31, 2024. Development spending that does not clear the §41 four-part test can still be a §174A expenditure, so the two populations are identified separately - see our Section 174A guide.

Next

Qualified research expenses, category by category

Where trial materials stop being supplies and start being depreciable property, and how contract labs enter the base at 65%.

Also relevant

Manufacturing

The process-as-business-component argument in full, which is the larger half of most food and beverage claims.

See what your development year qualifies for

Tell us what you formulate and how you trial it, and we’ll map the qualifying development to the four-part test - separating trial spend from production, and capturing §174A - reviewed and finalized by R&D experts and backed by Audit Protection. Contact us for pricing tailored to your study.

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