{"id":855,"date":"2022-09-16T14:00:04","date_gmt":"2022-09-16T14:00:04","guid":{"rendered":"https:\/\/ipbox.j.scaleforce.com.cy\/?page_id=855"},"modified":"2025-02-26T07:01:26","modified_gmt":"2025-02-26T07:01:26","slug":"home","status":"publish","type":"page","link":"https:\/\/ipbox.cy\/","title":{"rendered":"Home"},"content":{"rendered":"\t\t
Benefit From Intellectual Property Law<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t IP Box Regime<\/b> (known also as a patent box, innovation box or IP box) is a corporate tax regime used by many countries to incentivize research and development activities by taxing revenues deriving from licenses, royalties, patents, sale or transfer of qualified IP assets differently offering lower taxes compared to other commercial revenues.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t Ireland introduced for the very first time a scheme in its Corporation Tax on 1970s, more specifically, was section 34 of the 1973 Finance Act, that gave the first incentive to total tax relief to respect royalties and other income from licenses patented in Ireland, even though this scheme was withdrawn later on 2010 under the National recovery Plan 2011-2015 of the Republic of Ireland.<\/p> French Tax Authorities, decided to adopt Ireland\u2019s example, on 2001 in reducing rate of tax of revenues gained from IP licensing or the transfer of qualified IP. Later IP box regime started being a financial \u201ctrend\u201d for several European countries such as Belgium, France, Hungary, Luxembourg, Netherlands, Spain, United Kingdom, Switzerland and Cyprus.<\/p> Referring IP Box Regime all over the Europe, it can be divided in two big groups: first one provides for reduced rates of tax on qualifying income (this strategy is implemented by France, Netherlands and United Kingdom), while second group, provides for an exemption of a specified proportion of revenues (this is implemented by Spain, Luxembourg, Belgium, Hungary and Cyprus). The second group subdivides into schemes that exempt a proportion of gross and those that exempt a proportion of net revenues.<\/p> It is very convenient to deal with intellectual property due to its non-physical character. So it can be easily border-crossed between different jurisdictions and tax systems, according to prevailing circumstances and developments in different countries.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t 80% exemption<\/strong> 0% tax<\/strong> on the gain from disposal of IP assets as a capital nature transactions<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t Up to 20 years<\/strong> amortization period<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t Capital expenditure related to IP acquisition or development may be deducted in the first tax year in which the expense was incurred as well as in the subsequent years. That is, development or acquisition expenses are amortized over a period of up to 20 years. This in practice can lower the effective tax rate to less than 2%.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t Countries battle to attract innovative businesses by providing discounted tax rates for companies that established proper IP rights accounting and related cross-border operations<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t One jurisdiction will be better on certain aspects, but another will be better on others, and the differences will have to be assessed and weighed against one another to make the best decision of the solution.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t Effective Tax Rate<\/strong><\/p><\/td> 2.5%<\/p><\/td> 4.44%<\/p><\/td> 5.2%<\/p><\/td> 7%<\/p><\/td> 10%<\/p><\/td> 10%<\/p><\/td><\/tr> Qualifying IP Assets<\/strong><\/p><\/td> Patents, computer software, utility models, other IP assets such as non obvious, useful or novel rights<\/p><\/td> Patents and supplementary patent certificates, copyrighted software<\/p><\/td> Patents, trademarks, designs, domain names, models and software copyrights, brands for services for goods such as productions and marketing know-how<\/p><\/td> Self-developed intellectual property relating to patents, copyrighted software or approved R&D<\/p><\/td> Patents, utility certificates, copyrighted software<\/p><\/td> Patent and rights similar to it<\/p><\/td><\/tr> Ineligible IP Assets<\/strong><\/p><\/td> Know-how, trademarks, designs, models, formulas and processes<\/p><\/td> Formulas, copyrights (other than software)<\/p><\/td> Trademarks, brands and acquired IP<\/p><\/td> Non patentable inventions, R&D activities<\/p><\/td> Trademarks, copyrights and designs<\/p><\/td><\/tr> Internally Developed or Acquired?<\/strong><\/p><\/td> Internally developed and acquired intellectual property<\/p><\/td> Self-developed IP rights or acquired or licensed from third parties<\/p><\/td> Internally developed and acquired intellectual property, but not IP acquired from a related party<\/p><\/td> Self-developed only<\/p><\/td> Internally developed and acquired intellectual property<\/p><\/td> Internally developed and acquired intellectual property<\/p><\/td><\/tr> Limitations on Where R&D Takes Place<\/strong><\/p><\/td> Some<\/p><\/td> Some<\/p><\/td> None<\/p><\/td> Some<\/p><\/td> None<\/p><\/td> None<\/p><\/td><\/tr> Qualifying Revenue<\/strong><\/p><\/td> Royalties net of costs (amortisation, R&D costs, interest)<\/p><\/td> Net income from qualifying assets<\/p><\/td> Net results derived from licensing, sublicensing or selling of qualifying of IP rights<\/p><\/td> Net income from qualifying intellectual property<\/p><\/td><\/tr> Deduction Rate<\/strong><\/p><\/td> 80%<\/p><\/td> 85%<\/p><\/td> 80%<\/p><\/td> None \u2013 reduced tax rate<\/p><\/td> None-reduced tax rate<\/p><\/td> None \u2013 reduced tax rate<\/p><\/td><\/tr> Overall Limit of Deduction<\/strong><\/p><\/td> None<\/p><\/td> 100% of pre-tax income<\/p><\/td> None<\/p><\/td> None<\/p><\/td> None<\/p><\/td> None<\/p><\/td><\/tr> Gains on Disposal Included<\/strong><\/p><\/td> Yes<\/p><\/td> No<\/p><\/td> Yes<\/p><\/td> Yes<\/p><\/td> Yes<\/p><\/td> Yes<\/p><\/td><\/tr><\/tbody><\/table>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t Qualifying IP Assets<\/strong> Ineligible IP Assets<\/strong> Internally Developed or Acquired?<\/strong> Limitations on Where R&D Takes Place<\/strong> Qualifying Revenue<\/strong> Deduction Rate<\/strong> Overall Limit of Deduction<\/strong> Gains on Disposal Included<\/strong> Qualifying IP Assets<\/strong> Ineligible IP Assets<\/strong>\n
WHAT IS IP BOX REGIME?<\/h3>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
HISTORY OF IP BOX REGIME<\/h3>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
PRINCIPAL FEATURES OF IP BOX REGIME
IN CYPRUS<\/h3>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
of qualified profit from exploitation of IP assets<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\tTHE KEY DIFFERENCES BETWEEN COUNTRIES APPLYING IP BOX REGIME\u200b<\/h3>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\u00a0<\/td> Cyprus<\/td> Belgium<\/td> Hungary<\/td> Luxembourg<\/td> Netherlands<\/td> France<\/td> United Kingdom<\/td><\/tr> 4.5%<\/td> Patents, utility model protection, copyrighted software<\/td> Business names, trademarks, image rights, marketing activities<\/td> Designs<\/td> Internally developed and acquired intellectual property<\/td> None<\/td> Royalty, licensing fees, compensation income, trading profits from the disposal of IP, capital nature gains form the disposal not subject to any tax<\/td> Patent income<\/td> Royalties<\/td> 50%<\/td> 50% of pre-tax income<\/td> Yes<\/td> \n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t2.5%<\/span> Cyprus<\/a>\n\t\t\t\t\t<\/h3>\n\n\t\t\t\t\t
Patents, computer software, utility models, other IP assets such as non obvious, useful or novel rights<\/p>
Business names, trademarks, image rights, marketing activities<\/p>
Internally developed and acquired intellectual property<\/p>
Some<\/p>
Royalty, licensing fees, compensation income, trading profits from the disposal of IP, capital nature gains form the disposal not subject to any tax<\/p>
80%<\/p>
None<\/p>
Yes<\/p><\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t<\/i><\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t\t<\/span>\n\t\t\t\t\t\t\t\t\t\t\t\t4.44%<\/span> Belgium<\/a>\n\t\t\t\t\t<\/h3>\n\n\t\t\t\t\t
Patents and supplementary patent certificates, copyrighted software<\/p>