“Patent box”: description and recipients of this optional tax regime

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“Patent box”: description and recipients of this optional tax regime

“Patent box”: description and recipients of this optional tax regime

Patent Box” is an optional taxation regime for all those business income resulting from the use of:

  • copyrighted software;
  • industrial patents granted or pending, including biotechnological inventions and related complementary protection certificates, utility model patents, as well as patents and certificates for plant varieties and topographies of semiconductor products;
  • designs and models, legally protectable;
  • legally protectable processes, formulas and information relating to experiences acquired in the industrial, commercial or scientific fields.

It was introduced by the Decree of 28.11.2017 (click here to read it) of the Italian Minister of Economic Development, issued in agreement with the Italian Minister of Economy and Finance and by the Decree Law n. 34 of 30 April 2019 (Growth).

Application and recipients

All corporate income holders may decide to join the aforementioned optional taxation regime, regardless of the type of accounting adopted and the legal title under which the assets are used.

The option, however:

  • must be exercised in the tax return relating to the first tax period for which you intend to opt;
  • is valid for five tax periods;
  • is renewable and irrevocable.

Moreover, with the entry into force of Article 4 of Legislative Decree n. 34 of 30.04.2019, measures were introduced to simplify the procedures for using the patent box.

The objectives

This regime was introduced with the aim of making the Italian market more attractive for long-term domestic and foreign investments, while protecting the Italian tax base, as:

  1. encourages the placement in Italy of intangible assets currently held abroad by Italian or foreign companies;
  2. encourages the maintenance of intangible assets in Italy, avoiding their relocation abroad;
  3. favors investment in research and development.

Facilities for R&D companies

Through the exercise of this taxation regime, companies that carry out research and development can exclude from the tax base 50% of the income deriving from:

  • the use – even jointly – of the aforementioned intangible assets (software protected by copyright, industrial patents, etc.);
  • the sale of them, if 90% of the “proceeds” are reinvested in the maintenance or development of other intangible assets before the end of the second tax period following the one in which the sale took place.

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The Coscia Law firm, thanks to its expertise and experience in business consulting:

  • provides the interested companies with all the information regarding the requirements and procedures for joining the “Patent box” regime, assessing in advance the existence of the necessary conditions for exercising the option;
  • assists its clients in preparing the necessary documentation and forwarding it in accordance with the procedures set out in the notice;

Contact us immediately at +39 3711453121 or by e-mail at info@studiolegalecoscia.it, join the Patent box.

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