Aerospace and defense companies perform some of the most R&D-intensive work in the United States. Designing aircraft structures, developing avionics systems, engineering satellite components, testing propulsion systems, qualifying new materials — these activities are built on engineering uncertainty and systematic experimentation. The four-part test fits this industry naturally.
But there’s a catch that’s unique to this sector: most aerospace and defense work is performed under government contracts. And the funded research exclusion under IRC §41(d)(4)(H) can disqualify research that’s funded by another party — including the U.S. government. The interplay between FAR/DFARS contract clauses, technical data rights, and the IRS’s financial risk and substantial rights requirements is where aerospace R&D credit claims succeed or fail.
Here’s what aerospace and defense contractors need to know — from qualifying activities to government contract analysis to the specific documentation the IRS expects.
Key Takeaways
- Aerospace companies are among the highest-qualified R&D credit claimants — industry estimates suggest 47% or more of typical expenses may qualify as QREs
- Government contracts must be analyzed individually for the funded research exclusion — FAR data rights clauses (particularly DFARS 252.227-7013 and 7014) determine whether you retain substantial rights
- IRAD (Independent R&D) and B&P (Bid & Proposal) costs are typically the cleanest qualifying expenses because they’re not funded by a specific contract
- Fixed-price contracts generally provide a stronger basis for credit eligibility than cost-reimbursable contracts — but even cost-plus work can qualify depending on data rights and risk allocation
Which Aerospace and Defense Activities Qualify?
The range of qualifying activities in aerospace and defense is broader than most contractors realize — extending well beyond traditional “R&D labs” into shop floor engineering, test operations, and production support functions.
The Government Contract Problem: Funded Research in Aerospace
Here’s where aerospace diverges from every other industry. Under IRC §41(d)(4)(H), research funded by another party doesn’t qualify for the R&D credit. For an industry where the U.S. government funds the majority of research through contracts, this exclusion is the central challenge.
The analysis requires evaluating two things for each contract — the same test that applies in construction and A&E, but with government-specific contract provisions:
Financial risk
Does the contractor bear the financial risk of the research? Under a firm-fixed-price (FFP) contract, the contractor absorbs cost overruns — generally satisfying the risk requirement. Under cost-plus contracts, the government reimburses costs regardless of outcome, which generally fails the financial risk test for the reimbursed portion.
Substantial rights to the research
Does the contractor retain substantial rights to the resulting technology? This is where FAR and DFARS data rights clauses become critical. If the government takes unlimited rights to the technical data and the contractor can’t use the technology without government permission, the “substantial rights” test fails.
How contract type affects eligibility
Firm-Fixed-Price (strongest position)
The contractor bears cost overrun risk. Financial risk is generally established. If the contractor also retains sufficient data rights (limited rights or government purpose rights rather than unlimited), FFP contracts can support R&D credit eligibility for the research components.
Cost-Plus-Fixed-Fee (mixed position)
The government reimburses costs, so the contractor doesn’t bear primary financial risk on the reimbursed portion. However, if the contractor invests its own IRAD or B&P funds in the same technical area, those self-funded costs can still qualify independently.
Time-and-Materials (weakest position)
Similar to cost-plus for funded research purposes — the government pays for hours worked regardless of outcome. Generally fails the financial risk test for reimbursed activities. Self-funded work on the same program may still qualify.
Independent R&D / B&P (strongest — not contract-funded)
IRAD and B&P costs are funded by the contractor — not by any specific government contract. They’re the cleanest qualifying expenses because the funded research exclusion doesn’t apply. The contractor bears the financial risk and retains rights to the resulting technology. For many defense contractors, IRAD is the foundation of the R&D credit claim.
The data rights analysis is non-negotiable: In aerospace R&D credit work, the DFARS data rights clauses — particularly 252.227-7013 (technical data) and 252.227-7014 (computer software) — determine whether the contractor retains “substantial rights” to the research. The three tiers — unlimited, government purpose, and limited/restricted — each have different implications. A contractor with “limited rights” or “restricted rights” generally retains substantial rights. A contractor that has granted “unlimited rights” has effectively transferred the technology to the government. Every contract must be analyzed individually.
IRAD and B&P: Your Cleanest Credit Opportunity
For most defense contractors, Independent Research and Development (IRAD) and Bid and Proposal (B&P) costs represent the safest and most straightforward R&D credit opportunity. These expenditures are self-funded — not tied to a specific government contract — which means the funded research exclusion doesn’t apply.
IRAD
Technical effort not sponsored by or required under a contract. Includes research aimed at advancing the contractor’s capabilities, developing new technologies, or solving technical challenges that may apply to future programs. The contractor retains full rights and bears full financial risk.
B&P
Technical effort in preparing proposals. When proposal preparation involves genuine engineering analysis, design iterations, or technical problem-solving, those activities can qualify. Administrative proposal activities (cost estimating, compliance paperwork) don’t qualify.
Important nuance: While IRAD costs are allowable under FAR 31.205-18 as indirect costs recoverable through overhead rates, this does not make them “funded” for IRC §41 purposes. The IRS treats IRAD as contractor-funded research because the costs are incurred at the contractor’s discretion and risk — the government doesn’t direct or specifically pay for IRAD activities.
The Aerospace Supply Chain: Untapped Credit for Tier 2 and Tier 3 Suppliers
The most underserved R&D credit opportunity in aerospace isn’t at the prime level — it’s in the supply chain. Tier 2 and Tier 3 suppliers who design, test, and qualify components for aerospace applications frequently perform qualifying research that they’ve never claimed credits for.
From our practice: A precision machining shop developing CNC processes for flight-critical hardware. A composites manufacturer qualifying new layup techniques for structural components. An electronics assembler designing custom test fixtures for avionics boards. A heat treatment facility qualifying new processes for aerospace alloys. Each of these is a potential R&D credit claimant performing qualifying activities every day. If you’re a manufacturer supplying the aerospace industry, your process development work likely qualifies — and the funded research exclusion is often less of an issue at the supplier level because suppliers typically work under fixed-price purchase orders where they bear the process development risk.
What Doesn’t Qualify in Aerospace
Activities that don’t qualify:
| ✕ | Funded research where the contractor doesn’t bear financial risk or retain substantial rights — the most common disqualifier in this industry |
| ✕ | Production manufacturing to established specs — once a process is qualified and production is running to documented parameters, the manufacturing itself doesn’t qualify |
| ✕ | Routine quality inspections — standard incoming/in-process/final inspection to established criteria (but developing new inspection methods or investigating anomalies can qualify) |
| ✕ | Administrative program management — cost tracking, schedule management, contract administration, and compliance paperwork |
| ✕ | Foreign research — any R&D performed outside the U.S., including work by foreign subsidiaries or offshore engineering teams |
Aerospace or Defense Contractor? Let’s Analyze Your Contracts.
We start every aerospace engagement with a contract-by-contract funded research analysis — because that’s what determines credit eligibility. We’ll evaluate your IRAD, B&P, and contract-funded work and give you a clear picture of your qualifying activities.
Frequently Asked Questions
Can government contractors claim the R&D credit?
Yes — but with caveats. The funded research exclusion doesn’t automatically disqualify all government contract work. It depends on the specific contract type, data rights provisions, and whether the contractor bears financial risk. IRAD and B&P costs are generally the safest qualifying expenses. Fixed-price contract work may also qualify depending on data rights. Each contract must be analyzed individually.
What about SBIR/STTR grants — do those qualify?
SBIR and STTR awards are generally considered funded research because the government provides the funding. However, the contractor typically retains data rights under these programs, which means the “substantial rights” test may be met. The financial risk analysis is the critical factor — and it depends on whether the award is structured as a contract, grant, or cooperative agreement. Consult with a specialist before including SBIR/STTR costs in a credit claim.
We’re a small machine shop making aerospace parts — do we qualify?
Very likely. If you’re developing processes for new part geometries, qualifying new materials, designing custom tooling, or solving engineering challenges on production parts — especially flight-critical hardware — those activities frequently qualify. Tier 2 and Tier 3 aerospace suppliers are among the most underserved R&D credit claimants. See our manufacturing R&D guide for more detail on shop-floor qualifying activities.
Does additive manufacturing (3D printing) qualify?
Yes — when it involves genuine technical uncertainty and experimentation. Developing print parameters for new alloys, qualifying AM processes for flight hardware, designing parts for AM that can’t be made traditionally, and solving post-processing challenges all involve technical uncertainty. The process development and qualification work is often more credit-intensive than the design work itself.
How much is the R&D credit typically worth for an aerospace company?
It depends on the mix of IRAD vs. contract-funded work, contract types, and overall R&D spending. A mid-size aerospace company with $10M in qualifying expenses might generate $600,000-$1,000,000 in annual federal credits, plus applicable state credits. The key variable is how much of the total R&D activity survives the funded research analysis. Read our complete R&D tax credit guide for calculation methodology.
What Should You Do Next?
If your aerospace or defense company performs engineering, design, testing, or manufacturing development — whether under government contracts, IRAD programs, or commercial work — there’s a strong probability you have qualifying R&D activities. The question is how much survives the funded research analysis.
Schedule a free consultation and we’ll start where it matters most: your contract portfolio. We’ll analyze the data rights, financial risk allocation, and IRAD/B&P structure to determine exactly which activities can support a defensible credit claim.
Learn more about the IRS four-part test →
How to prepare for an R&D credit audit →
CPAs serving aerospace clients: partner with us →
Martin Gamez
Founder, Tax Formulations
Martin is a tax credit specialist with over 25 years of experience in federal and state R&D tax credits, cost segregation, and business tax incentives. His background includes tenure at Big Four and Top 10 accounting firms, with extensive experience serving aerospace and defense contractors, including government contract funded research analysis. Read full bio →
