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.
