If you are a government contractor, there is a good chance you are missing out on one of the largest tax incentives in the tax code.

The reason? A single, persistent myth: "If the government pays us to do the work, we can't claim the R&D Tax Credit."

On the surface, it sounds logical. The IRS "Funded Research" exclusion says you can't claim credits for work someone else paid for. So, most contractors see a "Department of Defense" header on their contract and automatically assume they are disqualified.

Here’s the reality: That incorrect assumption is costing government contractors millions of dollars every year.

The "Funded Research" rule isn't a stop sign for contractors; it's a hurdle. And with the right legal analysis, it is a hurdle you can clear.

Have Questions? Call us for Your consultation.

The Devil is in the Details (And We Read Them)

Qualifying for the R&D credit isn't about who the customer is. It’s about the specific terms of how you are paid and what rights you retain.

Standard government contracts are hundreds of pages, thanks to Federal Acquisition Regulation clauses and legalese. Most CPA firms don't have the time or expertise to dig through them. We do.

When Frost Law reviews a contract, we look for two specific "Green Lights" that open the door to massive tax savings:

1. Are You at Risk? (The "Financial Risk" Test)

Many contractors think a "Fixed-Price" contract is enough. It’s not. The IRS requires more. Frost Law analyzes your Inspection and Acceptance clauses to answer one critical question:

  • If the prototype fails or the software bugs out, do you get paid? If the answer is "No" and your payment is contingent on successful performance, you likely pass the risk test. We find these clauses where others miss them.

2. Do You Own Your Ideas? (The "Rights" Test)

You might see "Unlimited Rights to the Government" and think you've lost your Intellectual Property rights.

  • That’s wrong. You don't need exclusive rights; you just need to retain the right to use that know-how for your own business. We review your Intellectual Property clauses to prove that you haven't signed away your commercial future.

Stop Guessing. Start Claiming.

The difference between "Funded" (no credit) and "Unfunded" (huge credit) often comes down to a few sentences buried in a 50-page agreement.

You are experts in defense, aerospace, and engineering. You shouldn't have to be experts in tax law, too.

That’s where Frost Law comes in.

Don’t let a misunderstanding of the "Funded Research" rules shrink your bottom line. Let our team review your major contracts. We know exactly what to look for to identify qualified R&D tax credits.

Ready to see what you’ve been missing?

Click here to schedule a Review or call us at (410) 497-5947. Let’s find out how much cash you’ve left on the table, and how to get it back.

Footnotes

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Government Contractors: You’re Likely Walking Away from Millions. Let Frost Law Find Out.

Published on
March 2, 2026
Written By
Shea Malone
Director
Shea Malone
Director
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If you are a government contractor, there is a good chance you are missing out on one of the largest tax incentives in the tax code.

The reason? A single, persistent myth: "If the government pays us to do the work, we can't claim the R&D Tax Credit."

On the surface, it sounds logical. The IRS "Funded Research" exclusion says you can't claim credits for work someone else paid for. So, most contractors see a "Department of Defense" header on their contract and automatically assume they are disqualified.

Here’s the reality: That incorrect assumption is costing government contractors millions of dollars every year.

The "Funded Research" rule isn't a stop sign for contractors; it's a hurdle. And with the right legal analysis, it is a hurdle you can clear.

Have Questions? Call Our Team Today.

The Devil is in the Details (And We Read Them)

Qualifying for the R&D credit isn't about who the customer is. It’s about the specific terms of how you are paid and what rights you retain.

Standard government contracts are hundreds of pages, thanks to Federal Acquisition Regulation clauses and legalese. Most CPA firms don't have the time or expertise to dig through them. We do.

When Frost Law reviews a contract, we look for two specific "Green Lights" that open the door to massive tax savings:

1. Are You at Risk? (The "Financial Risk" Test)

Many contractors think a "Fixed-Price" contract is enough. It’s not. The IRS requires more. Frost Law analyzes your Inspection and Acceptance clauses to answer one critical question:

  • If the prototype fails or the software bugs out, do you get paid? If the answer is "No" and your payment is contingent on successful performance, you likely pass the risk test. We find these clauses where others miss them.

2. Do You Own Your Ideas? (The "Rights" Test)

You might see "Unlimited Rights to the Government" and think you've lost your Intellectual Property rights.

  • That’s wrong. You don't need exclusive rights; you just need to retain the right to use that know-how for your own business. We review your Intellectual Property clauses to prove that you haven't signed away your commercial future.

Stop Guessing. Start Claiming.

The difference between "Funded" (no credit) and "Unfunded" (huge credit) often comes down to a few sentences buried in a 50-page agreement.

You are experts in defense, aerospace, and engineering. You shouldn't have to be experts in tax law, too.

That’s where Frost Law comes in.

Don’t let a misunderstanding of the "Funded Research" rules shrink your bottom line. Let our team review your major contracts. We know exactly what to look for to identify qualified R&D tax credits.

Ready to see what you’ve been missing?

Click here to schedule a Review or call us at (410) 497-5947. Let’s find out how much cash you’ve left on the table, and how to get it back.

Footnotes