Publication Title

Tax Lawyer


Taxation, Research and development, Exemption

Document Type



This Article advocates for a new approach to incentivizing innovation through the design of ex post tax incentives for research and development (R&D) investment. In contrast to many nations, the United States relies largely on ex ante tax incentives, namely a tax deduction and tax credit for qualified R&D spending. Fundamental design flaws exist with these ex ante incentives; moreover, innovation occurs continuously and yields results at the back end of the innovation cycle. An appropriate framework should take into consideration the key players in the innovation landscape. These players are often treated differently under the tax laws such that incentives for each may be justified. This Article fills a void in the literature, which focuses mostly on ex ante R&D tax incentives, and proposes several new ex post tax incentive options for both corporations and individual inventors. Moreover, this Article redirects the renewed attention focusing on the proper role of government in supporting risky R&D in response to pandemics and the race for future vaccines.

Included in

Tax Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.