I am not a tax expert at all, but I pay some tax experts a lot of money, because I do a lot of bootstrapped R&D and the tax laws around it are nuts. My accountant has suggested that I am totally fine, but my lawyer told me he wanted to do more research (not that this was an outright bad rule), but didn't think I would be stuck on this. I declined on the research (legal research is very expensive). My lawyer is very conservative, and my accountant is very liberal on this sort of thing, so that's the range of opinions I'm looking at.

In general, I'm not so sure this is particularly apocalyptic unless you are bootstrapping with high expenses, and you are doing hard tech without a launched product. If you have a launched product, software development can be an operating expense. If you don't, it's harder to justify. If what you are doing has low technical risk, you can also put the number in a different spot on your income/loss statement and operationalize it. If what you are doing has low expenses, it probably doesn't matter much either way because it's not worth anyone's time to figure out if you can actually claim the credit.

If you are bootstrapping a hard tech product and have not launched anything yet, I hope you can afford the amoritzation, because you might not be able to afford your technical risk either.