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Act now before it's too late: Section 174

33 min episode · 2 min read
·
Michelle Hansen

Episode

33 min

Read time

2 min

Topics

Remote Work, Startups, Design & UX

AI-Generated Summary

Key Takeaways

  • Tax Impact Scale: Software companies face tax increases from $75,000 to $225,000 annually because Section 174 now requires amortizing all development costs including salaries, servers, UI libraries, and contractor expenses over multiple years instead of immediate deduction.
  • Amortization Timeline: US-based development expenses must be spread over five years while foreign contractor costs require fifteen-year amortization, making remote teams with international developers significantly more expensive and forcing potential time-tracking requirements for all development activities to separate maintenance from new features.
  • Cash Flow Crisis: Bootstrapped companies running lean operations without large cash reserves cannot cover unexpected tax bills because they distribute most profits annually, lack access to credit markets, and cannot wait twelve months for potential refunds if legislation gets reversed.
  • Advocacy Deadline: Small software businesses must sign the coalition letter at ssballiance.org by April 10 to deliver congressional testimony before tax day, demonstrating that Section 174 affects mom-and-pop software shops across all fifty states, not just big tech companies.

What It Covers

Section 174 tax code changes force US software companies to amortize development expenses over five to fifteen years instead of deducting them immediately, causing tax bills to increase 300-400% and threatening small business survival.

Key Questions Answered

  • Tax Impact Scale: Software companies face tax increases from $75,000 to $225,000 annually because Section 174 now requires amortizing all development costs including salaries, servers, UI libraries, and contractor expenses over multiple years instead of immediate deduction.
  • Amortization Timeline: US-based development expenses must be spread over five years while foreign contractor costs require fifteen-year amortization, making remote teams with international developers significantly more expensive and forcing potential time-tracking requirements for all development activities to separate maintenance from new features.
  • Cash Flow Crisis: Bootstrapped companies running lean operations without large cash reserves cannot cover unexpected tax bills because they distribute most profits annually, lack access to credit markets, and cannot wait twelve months for potential refunds if legislation gets reversed.
  • Advocacy Deadline: Small software businesses must sign the coalition letter at ssballiance.org by April 10 to deliver congressional testimony before tax day, demonstrating that Section 174 affects mom-and-pop software shops across all fifty states, not just big tech companies.

Notable Moment

Michelle Hansen emerged from self-imposed hibernation mode to organize small software businesses into political action after discovering her policy-working friends' failed December legislation was the same Section 174 issue now devastating her founder community with bankruptcy threats and forced layoffs.

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Episode Transcript

This podcast is hosted by transistor.fm. Hello. Welcome to Build Your SaaS. This is the behind the scenes story of building a web app in 2023. I'm Justin Jackson, the cofounder of transistor.fm. And today on the call, I have Michelle Hansen, cofounder of Geocodio. And we're gonna be talking about something very exciting, which is section one seven four. Hi, Michelle. How are you doing? Hi. How are you? First of all, Michelle, last I heard from you, you were going into hibernate mode. And the way I understood hibernate mode was you were going to offload some of your side projects, you know, stop recording the podcast for a while, no writing of new books, nothing extra, not doing any public speaking. I'm just gonna relax. I'm gonna focus on me. I'm gonna focus on my family. I'm gonna focus on GeoCodio. What happened? Yeah. Oh, I wanna go back in my cave, man. Yeah. Section one seventy four is what happened, and I can't wait to go back into hibernate mode. Okay. Yes. Where it this was kind of I mean, it's not out of left field because it's this legislation's been proposed for a while. Maybe for folks who don't understand what section one seven four is, could you give a brief description and maybe then we'll talk about why it matters for small software companies. So what is section one seventy four? The very high level is that section one seven four, specifically what we're talking about is reverting section one seven four, is a part of The US tax code. So we are talking about, anyone who has a US business, that builds or sells software. And this is the part of the tax code that deals with what is called research and experimental, which is different than r and d. Okay. And, basically, for for, I wanna say, about seventy years, since this section came into being, software development was considered among this, research and experimental or R and E spending. Okay. And then what happened was and and under this section, you had the choice to either take all of those expenses immediately, which is to say, let's say you spent $10,000 last year, building a new product. You had server costs. You had icon libraries. You had a UI library. You had all this stuff that you used to build it. Right? That $10,000, you could choose either to take that as an expense right away, so that's negative $10,000 from your taxes, or you could choose to amortize it, which is basically have it spread out over many years, which is, like, something you hear very commonly about computers. Right? Like Mhmm. All of us kind of know, like, if you buy a new laptop, you don't get to take off a 100 percent of that in the year that you bought it. That has to be spread out over many years because you get, you know, five years, of …

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  • Small software businesses must sign the coalition letter at ssballiance.org by April 10 to deliver congressional testimony before tax day

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