The italian Patent Box is still waiting the implementing decree which should provide guidance on the calculation mechanism of the tax provided for in Article. 1 co. 37-45 of Law 190/2014.
At the moment it is still unclear how to calculate the ratio of research and development costs incurred for the intangible asset and the costs are intended only for producing the good.
It seems that among the costs of obtaining and maintaining the intangible asset (trademark or patent) are included the costs for the study and design as well as the costs for the registration of trademarks and patents.
The aim of the Patent Box is to encourage investment in the field of intellectual property and avoid dislocation abroad by providing a system of preferential taxation.
These measures, introduced by the Stability Law 2015 (Law 190/2014) and modified by DL 3/2015, inspired by two main principles, “research” and “development”.
The changes introduced by the Patent Box will join all taxpayers earners business income; the option for this regime will be irrevocable and will last for 5 years.
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