Among the incentives linked to the investments made in Italy, and probably among the least exploited despite the advantages it can give, there is the so-called indirect patent box. The tax reduction is linked to the income obtainable from the concession in use of some types of intangible assets (software, patents, industrial inventions, etc..). The differences with the more well-known direct or proper patent box consists mainly in the use of the intangible: in the first (the indirect one), the asset is granted in use to a subject outside the company, while in the direct one it is the same entrepreneur who uses it within his own activity (so-called substantial activity).
The two measures originate from a common normative provision, which allows the entrepreneur to benefit from a reduction consisting of 50% of the profit obtained from the exploitation of the asset immaterial. From a subjective point of view, all companies can benefit, regardless of the size or type of activity, which determine the taxable income with the classic analytical methodology. Also for the indirect patent box, the recognition of the incentive is subject – according to Article 6 of the Ministerial Decree of 30 July 2015 – to the fact that the intangible asset falls within those provided in paragraph 1 of the same decree.
However, indirect use is a necessary, but not sufficient, condition for benefiting from the facilitation: in fact it is necessary that a positive taxable income is obtained from the indirect exploitation of the asset. The income eligible for this type of indirect exploitation is given by the difference between the fees obtained by the third party, deriving precisely from the exploitation of the asset, and the costs incurred by the grantor.
On the methods of calculation it is essential to dwell for some specific considerations:
– Revenues. First of all, for the purpose of this incentive, the concession must give rise to revenues for the grantor. It is therefore certainly a much simpler method of calculation because, unlike the direct patent box, there is no need (for obvious reasons) to calculate the figurative income resulting from the use of the intangible within the company.
– calculation. For the purposes of the calculation of the incentive, both costs directly related to the intangible asset and indirect costs are recognized.
– Costs. The significant expenses for the calculation must be mapped on the basis of the “tracking and tracing” scheme. Also in the indirect patent box it is essential to have a management accounting that allows to map all the costs connected to the facilitation (see article 11 of the ministerial decree).
– Research. An essential condition for obtaining the subsidy is that the grantor always carries out research and development activity attributable to the intangible eligible product (the so-called nexus ratio). The lack or absence of expenses related to research and development implies the impossibility of using the facility, as explained in Resolution 28/E of March 9, 2017.