What the Hemp? Podcast
What the Hemp? is Withum’s newest podcast series, driving the conversation around the ever-evolving cannabis industry.
Innovation has always been at the heart of agriculture. From improving crop yields to advancing livestock health and developing more efficient production methods, agricultural businesses continuously invest time, resources and expertise to improve how food is grown, raised and delivered. What many companies do not realize, however, is that these efforts may qualify for a valuable federal tax incentive: the Research and Development (R&D) Tax Credit.
The federal R&D Tax Credit, codified under Internal Revenue Code Section 41, is designed to reward U.S. companies that invest in developing new or improved products, processes, techniques, formulas or software. For eligible businesses, the credit can be used to offset income tax liability dollar-for-dollar, and in certain cases, payroll taxes as well.
Start‑up companies may also benefit. Businesses with less than $5 million in gross receipts in the current taxable year and no gross receipts prior to the fifth preceding taxable year may qualify as a Qualified Small Business (QSB). QSBs can apply up to $500,000 of the R&D tax credit annually against payroll tax liability, creating an immediate cash‑flow benefit even if the company is not yet profitable.
While the R&D tax credit is often associated with technology or manufacturing companies, agriculture is one of the many industries that can qualify. Agricultural operations frequently engage in experimentation and process improvement to address uncertainty, a key element of qualified research under the tax code.
Examples of agriculture related activities that may qualify include the development or improvement of:
These activities often involve trial and error, testing alternatives, and evaluating results, precisely the type of technical experimentation the R&D tax credit is intended to incentivize.
As with any tax credit, proper documentation is critical. Companies should maintain contemporaneous records that demonstrate the technical uncertainty faced, the experimentation performed, and the outcomes achieved.
Supporting documentation may include:
Strong documentation not only supports eligibility but also helps maximize the value of the credit while reducing audit risk.
Determining whether agricultural activities qualify for the R&D tax credit requires a detailed understanding of both the tax law and the operational realities of the agriculture industry. Withum provides a complimentary, no obligation R&D tax credit assessment to help businesses evaluate their eligibility and estimate potential credit benefits.
If your organization is investing in innovation, whether through crop development, livestock improvements or production efficiency, there may be significant tax savings available.
For more information on this topic, please contact a member of our team.
What the Hemp? is Withum’s newest podcast series, driving the conversation around the ever-evolving cannabis industry.
The hemp beverage industry is weeks away from its most significant regulatory change since the 2018 Farm Bill. In November 2025, Congress rewrote the federal definition of hemp in Section 781 of Public Law 119-37. A stopgap funding bill signed in September 2026 delayed most of those changes by about a month, but it did…
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