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Italy: Patent box regime, new decree defines and clarifies

Italy: Patent box regime, new decree

A ministerial decree revises the rules for an optional tax regime—one that provides a partial tax exemption on income from the use or exploitation of qualifying intangible assets (intellectual property or “IP”). The tax relief is referred to as the “patent box regime.”

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The new decree (released in late November 2017) replaces a prior decree (issued in late July 2015), and the new decree reflects amendments made to the patent box regime by Law Decree no. 50 of 24 April 2017. The April 2017 law excluded trademarks from the list of qualifying IP. Accordingly, beginning from tax year 2017, the forms of IP qualifying under the patent box regime are: (1) software protected by copyright; (2) patents; (3) legally protectable designs and models; and (4) legally protectable processes, secret formulas and industrial, commercial or scientific knowledge (or “know-how”).

The new decree:

  • Defines certain forms of qualifying IP in more detail, including the definition of “know-how”
  • Clarifies the patent box regime available for trademarks until the end of 2016
  • Provides guidance on the exchange of information about trademarks with other countries

 

Read a December 2017 report [PDF 196 KB] prepared by the KPMG member firm in Italy

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