Closing Windows: Why Texas Businesses Must Act on OBBB Act Tax Deadlines Before 2026

For many business owners, discovering a federal tax incentive like the Research and Development (R&D) Tax Credit or the Section 179D Energy-Efficient Commercial Building Deduction is an “aha!” moment. However, the gap between learning about a credit and successfully claiming it has widened significantly with the passage of the One Big Beautiful Bill (OBBB) Act.

At Calvetti Ferguson, we believe the most effective tax strategy is an integrated one. While standard tax compliance provides the foundation, capturing high-value technical incentives requires a coordinated effort between your core tax advisors and a dedicated technical bench that understands the nuances of engineering, construction, and software development.

The OBBB Act: Critical Deadlines for 2026

The OBBB Act, signed into law on July 4, 2025, restored several critical business incentives but also introduced firm “sunset” dates that require immediate action.

1. The R&D “Catch-Up” Deadline: July 6, 2026

The OBBB Act finally resolved the “Section 174 amortization” crisis by introducing Section 174A, allowing businesses to immediately deduct 100% of domestic research costs.

• The Urgency: Small businesses (under $31M in gross receipts) have a one-time opportunity to retroactively apply this deduction to the 2022–2024 tax years. However, amended returns must be filed by July 6, 2026. If you wait until your 2026 year-end planning, this “catch-up” cash opportunity will be permanently lost.

2. The 179D Sunset: June 30, 2026

The OBBB Act has scheduled the enhanced Section 179D energy-efficient deduction for a potential sunset. To secure the current deduction of up to $5.94 per square foot, construction must begin before June 30, 2026. Texas developers and contractors must accelerate their project timelines now to ensure they break ground before this summer gate closes.

3. 100% Bonus Depreciation is Back

In a major win, the OBBB Act permanently restored 100% Bonus Depreciation for qualified property placed in service after January 19, 2025. This allows for an immediate full write-off of equipment and asset costs, providing a rare opportunity for significant first-year tax savings.

Why an Integrated CPA Partner is Essential

Technical tax credits are high-reward, but they also attract high IRS scrutiny. By working with a full-service firm like Calvetti Ferguson, you benefit from an integrated approach where your specialty tax claims are perfectly aligned with your broader financial strategy.

• Audit Defense: Unlike independent “credit mills,” our CPA-led team stands behind every claim with professional ethics and robust IRS audit representation.

• Technical Depth: Our specialty practice includes the technical expertise to handle ASHRAE standards for 179D and the complex “nexus” documentation required for R&D credits.

• Fee Transparency: We provide clear, value-based fee structures that adhere to IRS Circular 230, ensuring your filing is both compliant and cost-effective.

11 Questions to Ask Your Advisor Before the Deadlines
Use these questions to ensure your advisor has the specialized knowledge to beat the 2026 sunsets:

1. How many returns have you filed specifically under the OBBB Act’s new Section 174A rules?
2. Do you have a process to file my retroactive small business R&D election before the July 6, 2026 deadline?
3. Does your firm handle both the technical study and the tax filing in-house?
4. How many of your refund claims have resulted in a “no-change” outcome during an IRS audit?
5. If I am audited, will your firm represent me directly before the IRS?
6. Can you explain how the OBBB Act affects my Texas Franchise Tax COGS deduction?
7. How do you verify the “construction start date” for a 179D claim to ensure we beat the June 2026 sunset?
8. Is your fee structure compliant with the latest IRS guidelines for specialty credits?
9. How do you distinguish between domestic and foreign R&D to avoid 15-year amortization traps?
10. What specific documentation will you provide to substantiate the “nexus” of my claim?
11. How does this incentive integrate with my long-term tax and capital expenditure strategy?

Take Action Before the Window Closes

The 2026 tax year offers powerful incentives, but the windows for R&D retroactive claims and 179D energy deductions are closing fast.

Contact Calvetti Ferguson today to ensure your organization is positioned to maximize every dollar allowed under the OBBB Act before these deadlines pass.

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