Software R&D

Can Industrial Control Software Development Qualify as R&D?

Industrial control software development may constitute qualified research when it involves a technical uncertainty and a process of experimentation. Internal-use software rules may apply, and configuring commercially available control software generally is not qualified research.

A common question is whether industrial control software development — including SCADA, HMI, and control logic — can qualify as research and development for the federal R&D tax credit under Section 41. The short answer is that industrial control software development may constitute qualified research when it involves a technical uncertainty and a process of experimentation. Internal-use software rules may apply, and configuring commercially available control software generally is not qualified research. This page explains the framework in general terms. It is educational and is not individualized advice. For the foundational framework, see our page on qualified research.

When Industrial Control Software May Warrant Review

Industrial control software development may warrant review when the work involves a genuine technical uncertainty and a process of experimentation. Under the four-part test, the work must be for a permitted purpose, be technological in nature (relying on computer science or engineering), be intended to eliminate uncertainty, and be conducted through a process of experimentation.

Common scenarios that may warrant review include:

  • Control logic development — evaluating alternative control logic approaches to resolve uncertainty about whether software can achieve the required control performance.
  • HMI development — testing alternative HMI approaches to resolve uncertainty about whether an interface can provide the required operator interaction.
  • SCADA development — evaluating alternative SCADA architectures to resolve uncertainty about whether a system can monitor and control the required number of points at the required speed.
  • Integration development — testing alternative integration approaches to resolve uncertainty about whether control software can integrate with new equipment or systems.

Internal-Use Software Considerations

Industrial control software developed primarily for the taxpayer's internal use may be subject to the internal-use software rules under Section 41(d)(4)(E) and Treasury Regulation §1.41-4(c)(6). However, software that enables a non-software business component (e.g., a manufacturing process) may warrant review under the excepted-software rules. The analysis is fact-specific and depends on the specific regulatory tests.

Configuration vs. Development

A central distinction is between configuring commercially available software and developing new software:

  • Configuration — configuring commercially available control software (e.g., a standard SCADA package) for a known application using established methods. There is no technical uncertainty. This is configuration, not research.
  • Development — developing new control software or significantly modifying existing software where there is a technical uncertainty about whether the software can achieve the required performance, and evaluating alternatives to resolve that uncertainty. This may warrant review.

Hypothetical Example

Consider a manufacturer that is developing new control software for a new process with complex dynamics and is uncertain whether any available control approach can achieve the required stability. The company evaluates alternative algorithms, tests each through simulation and physical trials, and systematically varies the approach to resolve the uncertainty. This systematic evaluation of alternatives may warrant review as qualified research.

By contrast, if the same manufacturer configures a standard SCADA package for a known process, that is configuration, not research.

This example is illustrative only and does not state that the activity definitely qualifies.

Documentation That May Help

Records that can help support industrial control software development claims include software design records identifying the uncertainty and alternative approaches, control-performance test results, simulation records, and records of how results informed software design decisions. For more, see our page on R&D tax credit documentation.

Key Takeaway

Industrial control software development may constitute qualified research when it involves a technical uncertainty and a process of experimentation. Internal-use software rules may apply, and configuring commercially available control software generally is not qualified research. Because the distinction is fact-specific, professional review is appropriate before claiming the credit.

Sources

  1. Internal Revenue Code §41

    Cornell Law Institute (LII)

    Section 41(d) defines qualified research; §41(d)(4)(E) addresses internal-use software.

  2. Treasury Regulation §1.41-4

    Cornell Law Institute (LII)

    Defines the process of experimentation and the internal-use-software rules in §1.41-4(c)(6).

  3. Instructions for Form 6765

    Internal Revenue Service

    Summarizes qualified research and excluded activities.

  4. Research Credit

    Internal Revenue Service

    IRS landing page for the Credit for Increasing Research Activities.

By R&D Ledger Editorial Team

Last reviewed: August 2026

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