Italy: Italy announces Patent Box regime from 2015

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Italy: Italy announces Patent Box regime from 2015

foglia.jpg

emma.jpg

Giuliano Foglia


Marco Emma

In the 2015 draft Budget law, the Italian Government announced the introduction of a new beneficial tax regime for income deriving from the exploitation of certain qualified intellectual property (IP) rights. Dubbed the Patent Box, this new regime is part of a strategy to combat taxable base erosion and profit shifting (BEPS) on the one hand and to encourage Italian investments by high-tech companies on the other. The main features of the Italian Patent Box are inspired by similar regimes already adopted in other EU countries. It is an optional regime applicable in relation to patents, trademarks which are "functionally equivalent to patents", formulae, processes and similar creations of the mind.

Together with resident companies and other taxpayers engaged in a business activity, non-resident entities could also benefit from the regime, provided they are a resident of a white-list country. In any case, the beneficial regime is subject to the condition that the taxpayer was actively involved in research and development activities (either directly or through agreements with universities or similar research entities) that led to the creation of a qualifying IP.

Income deriving from the use of qualifying IP rights would benefit from a 50% exemption, resulting in an effective corporate income tax rate of 13.75%. The same exemption would also apply for regional tax purposes. However, Italy plans a phased introduction of the exemption: capped at 30% for the first year (2015) and at 40% for the second year (2016), until the full benefit becomes effective from 2017. The regime would apply upon election (irrevocable) for five fiscal years.

The exemption would apply to income stemming either from fees and royalties received under licensing (or other right of use) agreements or from direct use of IP rights. In the latter case, it is necessary to agree with the Italian tax authorities, through an ad-hoc ruling (APA), the appropriate portion of profit derived from direct use of IP rights, according to their economic contribution to total gross income.

In any case, only part of the income deriving from IP would be exempt, based on the ratio of (i) R&D expenses borne to maintain, increase and develop the intangible asset to (ii) total expenses sustained for the creation of such IP right. This limitation aims at grounding the tax benefit on substantial activity in Italy, in compliance with the OECD's nexus approach to counter harmful tax competition.

In addition, capital gains arising from the disposal of IP would be fully exempt, provided that at least 90% of the consideration received is invested to maintain or develop qualifying IP rights by the end of the second fiscal year following the transaction.

The ruling procedure mentioned above is necessary also in the case of fees or royalties received or capital gains realised under intra-group transactions.

As the Patent Box legislative process is still underway, significant amendments to the regime could be passed by the Italian parliament. In any case, several main features of the new regime (including the scope of application and computation technicalities) shall be detailed by an implementing decree at a later stage.

Giuliano Foglia (foglia@virtax.it) and Marco Emma (emma@virtax.it)

Tremonti Vitali Romagnoli Piccardi e Associati

Tel: +39 06 3218022 (Rome); +39 02 58313707 (Milan)

Website: www.virtax.it

more across site & shared bottom lb ros

More from across our site

The UK’s Labour government has an unpopular prime minister, an unpopular chancellor and not a lot of good options as it prepares to deliver its autumn Budget
Awards
The firms picked up five major awards between them at a gala ceremony held at New York’s prestigious Metropolitan Club
The streaming company’s operating income was $400m below expectations following the dispute; in other news, the OECD has released updates for 25 TP country profiles
Software company Oracle has won the right to have its A$250m dispute with the ATO stayed, paving the way for a mutual agreement procedure
If the US doesn't participate in pillar two then global consensus on the project can’t be a reality, tax academic René Matteotti also suggests
If it gets pillar two right, India may be the ideal country that finds a balance between its global commitments and its national interests, Sameer Sharma argues
As World Tax unveils its much-anticipated rankings for 2026, we focus on EMEA’s top performers in the first of three regional analyses
Firms are spending serious money to expand their tax advisory practices internationally – this proves that the tax practice is no mere sideshow
The controversial deal would ‘preserve the gains achieved under pillar two’, the OECD said; in other news, HMRC outlined its approach to dealing with ‘harmful’ tax advisers
Former EY and Deloitte tax specialists will staff the new operation, which provides the firm with new offices in Tokyo and Osaka
Gift this article