Corporate trademarks to be excluded from Patent Box in 2017

Art. 56 of Italian Legislative Decree 50/2017 introduced a number of changes to Italy’s “Patent Box” tax regime in order to comply with the OECD guidelines intended to harmonise the various Patent Box programmes in the Organisation’s member states.

After the corrective manoeuvre, trademarks have been excluded from the list of intangible assets eligible for tax breaks. Starting in 2017, the patent box tax regime will no longer apply to revenue generated from the use of trademarks, though options exercised by 2016 remain valid.

The new law now reads: “Revenue of subjects indicated in paragraph 37 generated from the use of software protected by copyright, industrial patents, designs and models, as well as processes, formulas and information relating to experience acquired in the field of industry, commerce or science that can be legally protected, does not contribute to overall revenue, as 50% of it is excluded from the relative amount. The provisions in this paragraph also apply to revenue generated from joint use of intangible assets, linked by their complementary nature, for the making of a product or a group of products or a process or a group of processes, again provided that the intangible assets used jointly only include those indicated in the first sentence”.