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New Patent Box

The New Patent Box regime, introduced by Decreto Legge no. 146/2021, art. 6 and amended by Law no. 234/2021, is a structural tax incentive designed to support companies investing in research and development related to specific intangible assets, such as patents, software, and design. Companies can benefit from a 110% super-deduction on development costs incurred during the eight years preceding the acquisition of industrial property rights, resulting in a tax saving of approximately 30%.

A key advantage of the regime is its accessibility: benefits are available not only to companies with full legal ownership of the intangible asset (e.g., software source code) but also to those holding the rights to economically exploit the asset. This includes entities operating under license agreements or other legal frameworks, provided they directly bear the R&D costs.

The incentive is also retroactive through the "recapture" mechanism, which allows the inclusion of R&D expenses incurred up to eight years before obtaining legal protection. To claim the benefit, companies must opt in via their tax return and prepare documentation that ensures "penalty protection" in the event of audits.

Note: The Patent Box regime is compatible with other incentives related to Research, Innovation, Design, and Capital Goods. Companies may also claim benefits up to eight years prior to and four years after obtaining industrial property rights.