New patent box: Pennesi analyzes its applicability in Il Sole 24 Ore

Maricla Pennesi analyzes in an in-depth study on Il Sole 24 Ore the new patent box regime based on the Ires/Irap deduction of eligible R&D activities, with a 90% increase.

The new optional mechanism covers the same intangible assets that were included in the old patent box. R&D costs are increased for tax purposes by 90%: therefore, companies that directly or through external companies/entities create or develop subsidized intangibles will be entitled to deduct the cost increased by 90% (for example, for every 1000 euros spent, 1900 will be deducted).

The regulation provides that the benefits of the new patent box and R&D tax credit can no longer be combined.

In the analysis of the Andersen professional – who is also the European and Italian tax coordinator for Andersen – the uncertainties relating to the applicability of the new discipline and its negative effects, including the elimination of the cumulation with the R&D tax credit. These doubts will be clarified by the Revenue Office.