On 30 July 2015, the Italian Government issued a decree (the Decree) which implements the Patent Box provisions introduced by the 2015 Budget Law (Law n. 190 of 23 December 2014) and subsequently amended by Law Decree n. 3 of 24 January 2015.
As background, the Patent Box regime is an elective tax regime granting a 50% exemption (reduced to 30% for 2015 and 40% for 2016) from corporate income tax and local tax (i.e., IRES and IRAP generally levied at 27.5% and 3.9% respectively) on income derived from the licensing or the direct exploitation of qualifying intellectual property (IP). The regime is eligible for taxpayers who perform research and development (R&D) activities and is characterized by a five year lock-in period. The election is renewable. For more information on Patent Box Regime please see: [MATERIALI]
Nexus can assist its client in:
- drafting, finalization and filing of the request for the access to the Patent Box regime;
- preparation of the ruling request both in case of small enterprises (who has only to file the ruling request without the determination of the IP’s contribution to the total taxable income of the enterprise) or of bigger enterprises (who has to file the ruling request along with the determination of the IP’s contribution to the total taxable income of the enterprise)
- determining the IP’s contribution to the total taxable income of the enterprise
- bargaining process with Italian Revenue Agency.