Tax Alert - Cyprus IP regime voted
The Cyprus House of Representatives has voted the amendments to the income tax legislation in relation to the Cyprus IP box regime, as well as specific regulations as to how the implement the new provisions of the law which will become effective within 30 days. The main attributes of the new legislation are presented below.
Transitional period to 30 June 2016
Transitional provisions are included in the legislation in relation to persons who have already entered the Cyprus IP box regime, which allows them to continue claiming the benefits of the legislation up to 30 June 2021 for qualified intellectual property rights which:
• Were acquired before 2 January 2016;
• Were acquired directly or indirectly from a related person during the period 2 January 2016 to 30 June 2016 but at the time of acquisition these intellectual property rights were enjoying the benefits of the Cyprus or other IP box regime;
• Were acquired from an unrelated person or have been internally developed during the period from 2 January 2016 to 30 June 2016.
There are transitional provisions to continue to apply the IP box provisions for acquisitions from related parties made during the period 2 January 2016 to 30 June 2016 only up to 31 December 2016 which do not fall under the above categories. The conditions are that the intangible assets qualifying are those which at 30 June 2016 either generated income or their development has been completed.
Provisions of the new IP box regime
The new law will be applicable for intellectual property assets developed after 1 July 2016. More specifically, qualified intangible assets are those intellectual property assets acquired, developed or exploited by a person as a result of research and development activities including assets even when there is no legal registered ownership but only economic ownership. These assets are the following:
• Computer software
• Other IP assets (non obvious, useful and unique) utilized in the business of a person for the generation of taxable income which does not exceed annual gross revenues of Eur 7.500.000.
It is specified that trademarks, image rights, brands, business names and other relevant intellectual property rights used to market products and services are not considered as qualifying intangible assets.
As in the previous IP box regime, 80% of the overall profit arising from qualified intangible assets (ie gross income accrued in the tax year less direct costs for generating such income less amortization cost less notional interest on new share capital/share premium used to finance the development of the intangible asset) may be claimed as a deemed deductible expense.
Regarding the gross income the provisions of the new IP legislation include both the license income as well as the capital gains from the sale of such qualified intangible assets. Moreover, it is important to note that embedded income arising from the sale of products or procedures directly related to such intellectual property rights are also considered as qualified income.
Regarding qualified expenditure the new legislation specifies that this is the the sum of total research and development costs in any tax year wholly and exclusively for the development, improvement or creation of qualifying intangible assets and which costs are directly related to the qualifying intangible assets.
The new legislation is applicable as from 1 July 2016 onwards.