Tax & AccountingMay 05, 2026

Today’s legislative impacts on manufacturing: 8 tax issues worth researching now

By: CCH AnswerConnect Editorial

Key Takeaways

  • Legislative change is increasing complexity for manufacturers
  • Inconsistent state rules and increased audit scrutiny make authoritative, state‑specific research critical for defending tax positions.
  • Speed and clarity in tax research are now critical

Manufacturers are navigating a tax landscape shaped by federal changes, evolving state rules, and ongoing trade uncertainty. For corporate tax teams, this goes beyond compliance. These changes affect cash flow, capital investment, audit exposure, and multistate risk. The growing challenge isn’t just identifying which issues matter most — it’s researching them quickly and clearly enough to support business decisions. Here are eight legislative and regulatory issues manufacturing tax teams should be monitoring now, along with why they’re becoming more complex and why they matter to your organization.

1. Section 174 and R&D cost treatment

Changes to Section 174 continue to alter how manufacturers treat R&D costs, including mandatory capitalization, amortization periods, and the treatment of foreign research expenses.

Transition rules, required elections, amended return considerations, and the interaction between Section 174 and the R&D credit are posing more challenges than ever.

For tax teams, these rules directly affect the after-tax cost of innovation, cash flow timing, and long-term tax strategy. Faster access to authoritative guidance and related interpretations helps teams evaluate positions confidently and reduce risk.

2. Services taxability

Many states are expanding sales and use taxes to historically non-taxable services, increasing manufacturers' exposure.

Service definitions vary widely by state, and bundled transactions can blur the line between taxable and exempt components. In addition, administrative rulings and state guidance change frequently, making it difficult to track consistent treatment.

Misclassifying services can result in unexpected assessments, penalties, and audit risk. That’s why tax teams need research tools that not only identify taxability by state but also explain how states interpret similar services in practice.

3. Software and digital products

Manufacturers increasingly rely on software, SaaS platforms, and digital tools, all of which face inconsistent sales and use tax treatment across states.

The main challenge is that states differ on how they define software, digital goods, and access-based services. What’s more, private letter rulings, statutory updates, and evolving business models further complicate research.

These differences affect tax accruals, pricing, and compliance across jurisdictions. Tax teams need to quickly compare definitions and interpretations to assess exposure and maintain consistency across multistate positions.

4. Tariffs and trade policy

Changes in tariff regimes and trade policy continue to affect manufacturing supply chains and cross-border transactions.

Trade-related guidance can change rapidly and impacts multiple tax areas, from customs duties to transfer pricing and international tax planning. Keeping up requires monitoring both legislative developments and agency-level commentary.

Tariffs can materially affect cost structures, pricing strategies, and sourcing decisions. Having timely insight into policy changes allows tax teams to proactively advise the business rather than react after the fact.

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5. Construction vs. Manufacturing

The distinction between construction and manufacturing determines eligibility for exemptions, incentives, and credits in many states.

The challenge is that states interpret these activities differently, often relying on NAICS codes, fact-specific analyses, and evolving court decisions. Which means, what qualifies as manufacturing in one state may not in another.

Incorrect classifications can lead to lost exemptions or audit disputes. Comprehensive research across statutes, cases, and administrative guidance helps tax teams support positions with stronger documentation.

6. Testing equipment and R&D equipment

States can vary widely in whether testing and R&D equipment qualify for sales tax exemptions.

Exemption statutes, audit manuals, and administrative interpretations often differ, even within the same state. Which means, determining eligibility requires digging beyond just high-level statutes.

This impacts capital investment decisions and audit exposure. Efficient research enables tax teams to evaluate eligibility accurately and defend exemption claims with confidence.

7. Equipment leases

Manufacturers frequently lease equipment rather than purchase it outright. But states often tax leases differently from sales.

Lease-specific regulations, true-object tests, and recurring tax obligations make compliance more complex than one-time purchase transactions. Not to mention, guidance may be scattered across rulings and informal interpretations.

Understanding how leases are taxed affects total cost calculations and long-term planning. Focused research helps corporate tax teams identify risks and structure transactions more efficiently.

8. Manufacturing exemptions

Manufacturing exemption claims are facing increased scrutiny during audits. Auditors expect detailed, jurisdiction-specific documentation supported by statutes, case law, and state guidance, not just general exemption language. Insufficient support can lead to denied exemptions and costly assessments. Having ready access to authoritative sources helps tax teams proactively document positions and reduce audit uncertainty.

Legislative change is creating more tax questions across more areas of manufacturing – from innovation and software to sourcing and equipment decisions. The opportunity for tax teams isn’t just keeping up – it’s researching faster and with greater clarity. With the right AI-powered tax research tools, teams can move more quickly from emerging issues to informed, defensible answers.

Looking for a deeper analysis? Corporate tax teams use CCH® AnswerConnect to track federal and state developments, compare treatment across jurisdictions, and monitor changes as they emerge, helping them move from questions to confident answers faster.

CCH AnswerConnect Editorial

Comprising of industry’s most trusted experts, the Wolters Kluwer CCH AnswerConnect Editorial Staff are knowledgeable and highly qualified to analyze and offer guidance on the latest, important tax topics. They ensure every topic is thoroughly researched and meticulously broken down so you receive the most up to date and accurate information available. Read more of their insights on CCH AnswerConnect.

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