The General Communique No. 8 regarding Corporate Income Tax has been published in the Official Gazette on 21st April 2015 and it changes General Communique No. 1 on Corporate Income Tax. This also gives information desired for the implementation of article 5(b) of the Corporate Income Tax Law (CITL). Law 6518 introduced article 5 (b) in CITL that was enacted on 6th February 2014. The article announces 50% corporate tax exemptions for profits resulting from leases, transfers, sales or marketing through serial production of inventions and limited to the amount of sales attributed to patents or utility models. The following rules must be satisfied in order to get the exemption:
- R&D and innovation actions must be go on in Turkey.
- Under the inspection patent system, the utility patent document must be got.
- The patent or utility model must be registered according to an exclusive licence.
- Requiring the Evaluation Form to determine the added value of the invention, must be formed by the Ministry of Finance.
- The protection period for intangibles is 20 years for patents granted with substantive inspection, 7 years for patents granted without substantive examination and 10 years for the Utility Model Certificate.
