Italy: Tax guidance clarifying patent box, R&D tax credit, business assets credit issued

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The Italian Revenue on 9 March 2017 issued tax guidance, clarifying the Italian patent fund regime, the tax credit for research and development activities (R & D) and the tax credit for new operating assets.

According to resolution n. 28/E, implementation, updating, personalization, and customization of software protected by copyright will be qualified as R&D activity for purposes of Italy’s patent box. However, ancillary and supportive activities will be kept outside the definition.

On the other hand, Resolution No. 32 / E published on the same day, clarifies that R & D expenditure on research projects commissioned by third parties would be considered as eligible for the tax credit for R & D activities , if the project satisfies the requirements of Article 3, Law Decree 145/2013.

Finally according to Resolution n. 29/E,  the tax credit should be repaid within 4 years from the filing year of the tax return related to the tax year in which the investment is made.

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