Advocates for tax relief for investment in intellectual property have won a major victory as Québec became the first province to announce implementation of a “patent box” incentive. A “patent box” is a fiscal incentive that allows a company to identify revenue that comes from its patents on its corporate tax return (by checking the "patent box"). This income is then taxed at a lower rate.
As of January 1, 2017, Québec businesses that market a product that includes a patent-protected invention developed in the province will benefit from a lower tax rate on the revenue attributable to that patent. Specifically, the tax rate on this portion of income will drop from 11.8% to 4%. This reduction will be in addition to any existing R&D tax credits offered by the province.
Similar initiatives are planned in other provinces. For example, on March 11, 2016, the Premier of Saskatchewan announced that if his government is re-elected, it will also implement a patent box incentive.
The relevant section of the Québec budget can be viewed here.
Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.
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