R&D Tax Credit — Food, Consumer & Chemical Products

R&D Tax Credit for Personal Care Product Manufacturers: What Development May Warrant Review?

Personal care product manufacturers may perform activities that warrant analysis under IRC §41 — formulation, performance and stability testing, and process development. Cosmetic and style changes are excluded from qualified purpose.

Personal care product manufacturers — companies that produce soaps, shampoos, lotions, oral care, or similar products — may perform activities that warrant analysis under the federal R&D tax credit. This page explains what development work may be relevant. It is educational and is not individualized advice. For the foundational framework, see our page on qualified research.

What R&D May Look Like in Personal Care Manufacturing

Personal care manufacturing involves formulation, performance and stability testing, and process development. Work directed at resolving genuine technical uncertainty about functional or performance properties may warrant review. As with cosmetics, style, taste, and cosmetic changes are excluded from qualified purpose under Section 41(d)(3).

Industry-Specific Examples of Technical Development

  • Developing formulations to achieve a specified performance, stability, or compatibility target where the appropriate combination is uncertain.
  • Testing alternative ingredients or raw materials to meet a performance target where the capability is uncertain.
  • Developing processes to improve consistency, reduce defects, or improve throughput where the method is not established.
  • Testing alternative packaging systems to achieve a stability or compatibility target where the appropriate system is uncertain.
  • Developing delivery systems or formats to achieve a specified performance target where the appropriate approach is uncertain.

Technical Uncertainty Examples

  • Whether an alternative formulation can achieve a specified stability target under defined conditions.
  • Whether a modified process can produce a consistent product at production scale.
  • Whether an alternative ingredient can meet a functional target in a specific formulation.

Process-of-Experimentation Examples

A process of experimentation may involve preparing test formulations and measuring stability and performance, testing alternative processes and evaluating consistency, or testing alternative packaging systems and measuring stability.

Potential Business Components

Potential business components may include a new or improved personal care product, a new or improved formulation, a new or improved delivery system, or a new or improved production process — where directed at functional or performance targets.

Employee and Contractor Work

Employees whose work may warrant analysis include formulation chemists, product development scientists, process engineers, and quality engineers. Contractor work may include outside testing laboratories or ingredient suppliers performing development work on behalf of the manufacturer.

Activities That Generally Require Caution or May Not Qualify

  • Cosmetic changes to fragrance, color, or appearance without a functional or performance target.
  • Routine production to known formulations and processes.
  • Ordinary quality control or inspection.
  • Simple ingredient substitutions without a technical development question.
  • Market research or consumer preference testing without a technical development question.

Documentation That May Help

Records that may help include formulation development records, stability and performance test results, process trial data, and records connecting personnel and materials to specific development projects — with clear identification of functional or performance targets.

Example Hypothetical Project

The following is a hypothetical example for illustration only.

A personal care manufacturer is developing a formulation intended to achieve a specified compatibility target with a new packaging system. The technical uncertainty is whether an alternative combination of ingredients and formulation approach can achieve the specified stability and compatibility target under defined conditions without unacceptable performance changes. The team prepares test formulations, conducts stability and compatibility testing, and evaluates performance. Professional review is still needed, and the analysis must confirm that the work is directed at functional or performance targets, not cosmetic ones.

Questions to Ask Internally

  • What specific functional or performance target was being developed or improved?
  • What technical uncertainty existed at the outset?
  • Is the work directed at functional or performance properties, or at style, taste, or cosmetic factors?

Relationship to the Four-Part Test

The four-part test applies the same way as in any industry. The work must satisfy all four elements: permitted purpose, technological in nature, elimination of uncertainty, and process of experimentation. The cosmetic exclusion under Section 41(d)(3) is particularly relevant.

Key Takeaway

Personal care product manufacturers may perform activities that warrant analysis under IRC §41 — particularly work involving formulations, performance and stability testing, and process development directed at functional or performance targets. Cosmetic and style changes are excluded from qualified purpose. Because these determinations are fact-specific, professional review is appropriate. For related industries, see cosmetics manufacturing and chemical manufacturing.

Sources

  1. Internal Revenue Code §41

    Cornell Law Institute (LII)

    Section 41(d) defines qualified research and the four-part test; §41(d)(3) excludes style, taste, cosmetic, and seasonal design factors.

  2. Treasury Regulation §1.41-4

    Cornell Law Institute (LII)

    Regulatory definition of qualified research and the process of experimentation.

  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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