Specific tax regimes are applicable to royalties an trademark owner can receive for the license or transfer of his rights . These regimes differ from country to country.
Users can also apply for a tax ruling on the application of the system to their activities with the local tax authorities.
For more than 10 years now, many countries have implemented specific tax regimes enabling companies to obtain tax incentives from the commercial exploitation of their intellectual property assets.
While these regimes aimed at promote R&D investment in these countries, some national initiatives encountered downsides and some abuses from companies. That is why in the last few years, the OECD (together with the G20 countries) launched a specific program (BEPS – Base Erosion and Profit Shifting Project) to tackle these IP-tax planning strategies, among others.
This project resulted in the remodeling of most of the national IP Box regimes to comply with international rules.IP-related tax regimes in Belgium and France are nowadays compliant with the international recommendations, enabling companies to get tax incentives from the commercial exploitation of only some Intellectual Property Assets.
Gevers’ approach starts with a good understanding of your business, your corporate structure and activities.
Gevers identify the activities that are relevant and assess their weight within the broader scope of your activities.
A tax specialist then calculates a percentage of revenues that can be allocated to the relevant activities.
Gevers draft a license or transfer agreement as well as a corporate and other documents that may be required for tax audit reasons.
For those owners who wish to obtain more certainty as to the application of the regime to their activities, we will assist in drafting and obtaining a ruling from the national tax authorities.
We have assisted clients in all kinds of innovative, artistic and commercial areas. This allows us to identify relevant activities from an intellectual property right perspective and to better apply the tax regime.
We understand that our client’s financial managers and accountants have a good understanding of the client’s corporate and financial situation. They regularly consult with us on the implementation of the copyright tax regime.
In case of tax-related matters, Gevers recommend the right tax specialists and actively cooperate with them in order to optimise your intellectual property assets.