So…what is Patent Box?
The Patent Box is a UK government initiative designed to incentivise companies to retain and commercialise intellectual property (IP) within the country. By offering a reduced rate of Corporation Tax on profits derived from patented inventions, the scheme supports innovation and helps businesses keep their intellectual property on home soil. But what exactly does the Patent Box entail, and how can your business benefit from it?
How Patent Box Works
The Patent Box scheme provides a lower tax rate on profits earned from patented products or processes. To be eligible, your company must own or exclusively license the patent and must actively be involved in its development. The types of income that qualify include sales of patented products, royalties, and certain damages from patent infringement. But there’s more to it than just holding a patent. The scheme applies to specific profits, not all your income will benefit from the reduced tax rate, only the part directly attributable to the patented innovation will directly benefit. This can be complex to calculate, but the benefits can be substantial.
How Many Businesses Claim Patent Box?
In the 2022-2023 tax year, around 1,500 companies claimed relief under the Patent Box, with the average claim amounting to approximately £1.1 million. However, this number represents only a fraction of potential claimants. In the same period, over 22,000 patents were filed in the UK, highlighting the large number of businesses with patentable innovations that may not be taking advantage of this relief.
Claiming Patent Box
Claiming under the Patent Box requires a careful approach but with expert preparation, we can make the process as seamless as possible. You’ll need to identify the qualifying IP income and relevant profits. Once that’s done, you can apply the reduced tax rate, which currently stands at 10%—a significant saving compared to the standard Corporation Tax rate.
How long do you have to claim Patent Box?
You can claim the Patent Box in your Company Tax Return, but it’s important to note that you have two years from the end of the accounting period in which the profits arose to make a claim. Keeping track of these deadlines is crucial to ensuring you don’t miss out on the benefits.
Can Patent Box create a loss?
It’s possible for the Patent Box to result in a tax loss, particularly if combined with other reliefs. In such cases, the loss can often be carried forward or offset against other profits, but the interplay between different tax schemes can be complex. It’s advisable to consult with a tax professional to navigate this.
What is the effective rate of Patent Box?
The Patent Box allows you to apply a 10% Corporation Tax rate to your qualifying IP profits. This is significantly lower than the main rate of Corporation Tax, making it a valuable tool for companies looking to maximise the profitability of their innovations. To benefit from Patent Box, it’s important to integrate it into your broader IP and tax strategies. This might include patenting key innovations, ensuring meticulous documentation of profits, and understanding how the scheme interacts with other reliefs your company might claim such as the R&D tax credits relief scheme.
By understanding how the scheme works, ensuring proper claims, and aligning it with your business strategy, you can make the most of this incentive. Proper planning and detailed knowledge of the Patent Box will allow your business to benefit from the scheme while navigating HMRC’s requirements with confidence.
