Sec. 302. Research credit simplified and made permanent

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Subsection

(a)of section 41 of the Internal Revenue Code of 1986 is amended to read as follows: For purposes of section 38, the research credit determined under this section for the taxable year shall be an amount equal to the sum of— 20 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined, 20 percent of so much of the basic research payments for the taxable year as exceeds 50 percent of the average basic research payments for the 3 taxable years preceding the taxable year for which the credit is being determined, plus 20 percent of the amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer during the taxable year (including as contributions) to an energy research consortium for energy research. . Section 41 of such Code is amended by striking subsection (h). Subsection

(c)of section 41 of such Code is amended to read as follows: In any case in which the taxpayer has no qualified research expenses in any one of the 3 taxable years preceding the taxable year for which the credit is being determined, the amount determined under subsection (a)(1) for such taxable year shall be equal to 10 percent of the qualified research expenses for the taxable year. Notwithstanding whether the period for filing a claim for credit or refund has expired for any taxable year taken into account in determining the average qualified research expenses, or average basic research payments, taken into account under subsection (a), the qualified research expenses and basic research payments taken into account in determining such averages shall be determined on a basis consistent with the determination of qualified research expenses and basic research payments, respectively, for the credit year. The Secretary may prescribe regulations to prevent distortions in calculating a taxpayer’s qualified research expenses or basic research payments caused by a change in accounting methods used by such taxpayer between the current year and a year taken into account in determining the average qualified research expenses or average basic research payments taken into account under subsection (a). . Section 41(e) of such Code is amended— by striking all that precedes paragraph

(6)and inserting the following: For purposes of this section— The term basic research payment means, with respect to any taxable year, any amount paid in cash during such taxable year by a corporation to any qualified organization for basic research but only if— such payment is pursuant to a written agreement between such corporation and such qualified organization, and such basic research is to be performed by such qualified organization. In the case of a qualified organization described in subparagraph

(C)or

(D)of paragraph (3), subparagraph

(B)of paragraph

(1)shall not apply. , by redesignating paragraphs

(6)and

(7)as paragraphs

(3)and (4), respectively, and in paragraph

(4)as so redesignated, by striking subparagraphs

(B)and

(C)and by redesignating subparagraphs

(D)and

(E)as subparagraphs

(B)and (C), respectively. Section 41(f)(3) of such Code is amended— by striking , and the gross receipts in subparagraph (A)(i) and all that follows through determined under clause

(iii), by striking clause

(iii)of subparagraph

(A)and redesignating clauses (iv), (v), and (vi), thereof, as clauses (iii), (iv), and (v), respectively, by striking and

(iv)each place it appears in subparagraph (A)(iv) (as so redesignated) and inserting and

(iii), by striking subclause

(IV)of subparagraph (A)(iv) (as so redesignated), by striking , and at the end of subparagraph (A)(iv)(III) (as so redesignated) and inserting a period, and by adding and at the end of subparagraph (A)(iv)(II) (as so redesignated), by striking (A)(vi) in subparagraph

(B)and inserting (A)(v) , and by striking (A)(iv)(II) in subparagraph (B)(i)(II) and inserting (A)(iii)(II) , by striking , and the gross receipts of the predecessor, in subparagraph (A)(iv)(II) (as so redesignated), by striking , and the gross receipts of, in subparagraph (B), by striking , or gross receipts of, in subparagraph (B)(i)(I), and by striking subparagraph (C). Section 45C(b)(1) of such Code is amended by striking subparagraph (D). Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2013.

(b)The amendment made by subsection

(b)shall apply to amounts paid or incurred after December 31, 2013.