Clarification on the maxi deductibility of research and development costs related to intangible assets

It should be premised that the 110 per cent increase in the deductibility of research and development costs related to intangible assets, introduced by the Budget Law 2022, starting from October, 22th 2021 has replaced the previous so-called Patent box regime; this latter consisted of a tax relief on income generated by intangible assets.

One point addressed on June, 15th that it is worth to mention concerns so-called complementary intangible assets. Specifically, taxpayers wondered whether it was possible to access, on an exceptional basis, the old Patent Box regime in force before 22 October 2021, for intangible assets that despite being more recent than this date are complementary to others that already benefit from the previous Patent Box relief, since such an option on those assets was exercised before October 2021.

The Italian Revenue Agency explained that the possibility of applying for the old Patent box regime for new intangible assets is in any case not provided for, not even in the circumstance that they are complementary to others for which a valid option already exists. It follows that from the end of October 2021, one can only exercise the option for the new maxi-deductibility regime.