Introduced by art. 6 DL 146/2021 and integrated by provision n. 48243 dated February 15^th 2022, the new “Patent box” is a tax relief which aims at creating and economically exploiting intangible assets in
entrepreneurial and business activities, considered to be fundamental budget assets in the economic revenue – generating development of companies.

The benefit goes to all companies that (decisively) support the so-called “eligible expenses” aimed at creating intangible assets and obtaining the related property rights, namely:

– software protected by copyright;

– industrial patents regarding inventions and utility models;

– designs or models as well as the combination of two or more of aforementioned goods.

As far as the real benefit is concerned, this tax relief regime provides a deduction of 110% of the expenses incurred in carrying out research and development activities related to the same intangible assets.

The option regarding this facilitation, hence the preparation and remittance of late (or supplementary/replacing) declaration, expires on January 29^th 2025, but it is however possible to implement this relief instrument in the future in favor of companies already part of the tax system and database.

Analysis by Valentina Guzzanti of Tonucci & Partners.