House Ways and Means Republicans reintroduced several tax bills that will provide incentives for drug R&D, especially for small biotechs.
The news: Reps. Vern Buchanan (R-FL), Mike Kelly (R-PA), and Brad Wenstrup (R-OH) reintroduced what they call “major legislation that ensures a healthier future for all Americans.” Similar bills were introduced in July 2020—we covered them here.
What’s included:
- The American Innovation Act, which provides “special tax treatment for start-up costs” and preserves R&D tax credits. The bill passed the House in 2018 with bipartisan support.
- The Start-Ups for Cures Act, which creates an R&D incentive for small biotech companies engaged in infectious disease drug development.
- The More Cures Act, which creates a 14% bonus R&D tax credit for companies engaged in drug R&D, and bonus incentives for infectious disease R&D.
- The Infectious Disease Therapies Research and Innovation Act, which allows credits and losses associated with qualifying research to pass through to investors to offset other income.
- The American-Made Medicine Act, which provides tax credits for manufacturing in the United States.
The package includes one of BIO’s top capital formation priorities: Reform of the net operating loss (NOL) limitations under Section 382 of the tax code.
What does this mean? Section 382 is an important anti-abuse measure to limit the use of a failing company’s losses by a profitable company. Unfortunately, these limits are also unintentionally triggered by investment in thriving small biotechs. The American Innovation Act would call off Section 382 for investments during a company’s startup phase, thereby preserving these valuable tax assets and encouraging investment.
BIO’s take: “Thanks in part to the contributions of small and emerging biotech companies, America is an innovation powerhouse,” says BIO. “By providing much-needed incentives for research, development, novel manufacturing, and more, it will allow biotech companies—especially small startups—to do what they do best: solve the world’s most complex scientific challenges.”
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