Patent Box

Patent Box – Boost your tax benefits through innovation

Reduce your corporation tax base by up to 60% thanks to the Patent Box tax incentive.

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The Patent Box is one of the most effective tax mechanisms for companies that develop and exploit intangible assets derived from R&D&I activities.

It allows for a reduction of up to 60% in the corporate income tax base for income obtained from the transfer or exploitation of technological assets such as patents, advanced software, industrial designs or utility models.

Liquidity

Liquidity and significant tax savings

The Patent Box directly reduces the tax base linked to technological income, allowing taxation at an effective rate of 10% compared to the general rate of 25%. This translates into significant and recurring tax savings, applicable even when the company does not make a profit.

Compatibility with other funds

This incentive is fully compatible with tax deductions for R&D&I, CDTI aid, ENISA aid and European programmes. Combining them allows you to multiply the economic return on your technology projects and optimise your company’s tax strategy.

Flexibility and broad application

You can apply the Patent Box to intangible assets created in previous financial years, without having to capitalise them on the balance sheet. This makes it easier to value previous developments and maximise the economic return on your intellectual property.

Legal (1)

Legal certainty

Prior valuation and classification agreements with the Spanish Tax Agency (AEAT) ensure the correct application of the incentive. These agreements provide your company with full legal certainty in the event of tax reviews or inspections.

60%

Maximum reduction in the tax base generated by intangible assets.

10%

Effective tax rate that may be applied to income from transfer or exploitation (compared to the general rate of 25%).

25%

Porcentaje mínimo que la empresa debe haber contribuido a la creación del activo para aplicar el incentivo.

50+

Experts in our team

What you need to know

Understanding the key requirements and how to apply the Patent Box is essential to maximise the tax savings derived from exploiting your intangible assets.

Check if you can apply the Patent Box

The Patent Box is an incentive that allows for a reduction of up to 60% in the tax base associated with technological income from patents, software, or industrial designs.

💡 Act in time! Review which assets are eligible for the incentive and prepare the necessary documentation before the end of the financial year to ensure correct and risk-free application.

Who can benefit
  • Companies that have created at least 25% of the cost of the asset.
  • Companies that transfer the right to use or exploit the intangible asset to another entity.
  • The transferee must use the asset in an economic activity.
Key requirements
  • The transferee must use the asset to carry out a real economic activity.
  • The income obtained must not generate deductible expenses for the transferring company.
  • The transferee may not reside in a tax haven, except for exceptions within the EU that provide valid economic reasons.
  • It is recommended to have a formal transfer agreement and detailed accounting records.
  • It is not necessary for the asset to have been capitalised on the balance sheet.
Eligible activities and assets
  • Patents and utility models
  • Registered advanced software
  • Industrial designs and protected models
  • Supplementary protection certificates
Eligible activities and assets
  • Patents and utility models
  • Registered advanced software
  • Industrial designs and protected models
  • Supplementary protection certificates
How it works?

1️⃣ Identification of the eligible intangible asset
2️⃣ Drafting of the transfer agreement
3️⃣ Accounting record of the related income and expense
4️⃣ Request for prior valuation/qualification agreement (optional, but recommended)
5️⃣ Application of the incentive in Corporation Tax

📎 Important: Not compatible with transfers between related companies. Only transfer of use is permitted.

Eligible costs
  • Direct and indirect expenses associated with the creation of the asset
  • Internal development cost (minimum 25%)
  • Related subcontracting or external acquisition (limited)
Key dates
  • It can be applied in any fiscal year, as long as the asset continues to be used.
  • There is no time limit, provided that the conditions are met.

What do we offer?

Do you have questions or want to know if you can apply for the Patent Box?

Request a free assessment with our team.

We accompany you from start to finish so that your company can apply the Patent Box securely, efficiently and with maximum tax benefits. Our process is designed to adapt to every type of asset and operation.

Stages of our process
  1. Free diagnostic and feasibility analysis
    We assess whether your intangible assets meet the requirements and estimate the tax impact.
  2. Identification and valuation of eligible assets
    We classify the assets (patents, software, designs, etc.) and calculate the correction coefficient.
  3. Optimisation and design of the tax strategy
    We advise on the most efficient structure for the transfer or exploitation of the intangible asset.
  4. Drafting of contracts and technical documentation
    We prepare the transfer contract and the supporting report required by the Spanish Tax Agency (AEAT).
  5. Application (optional) for advance agreements with the tax authorities
    To reinforce the legal certainty of the transaction.
  6. Application of the incentive in corporation tax
    We include the deduction in your tax return and monitor the impact.
  7. Post-implementation support and assistance with inspections
    We accompany you during audits, reviews and tax requirements.
We also include
  • Comprehensive legal and tax advice
  • Compatibility with other aid (Tax deductins, ENISA, CDTI, Horizon Europe…)
  • Coordination with your accounting and legal team
  • Regulatory updates and annual review of the incentive

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Our Funding Search Tool keeps you connected to the latest public funding opportunities — from national and regional programmes.

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FAQ

Frequently asked questions about the Patent Box.

What does Patent Box mean?

It is a tax incentive that allows for a reduction in the corporate income tax base derived from the transfer of technological intangibles.

What is the final tax rate?

It can be 10% effective if the 60% reduction is applied on a 25% basis.

How does the patent box work?

A reduction is applied to the income derived from the use of the asset, calculated according to the creation costs.

What´s a tax lease?

Tax leasing is another tax incentive that monetises R&D deductions in the form of immediate liquidity (compatible with Patent Box).

Who is exempt from patent tax?

No one is exempt, but the Patent Box allows for very low taxation.

What happens if I do not pay taxes?

Patents require maintenance and renewal. Failure to pay means losing rights.

How long do patents last?

20 years, in most cases.

What things cannot be patented?

Abstract ideas, algorithms without technical application, artistic works, image rights, know-how.

What types of patents exist in Spain?

Patents, utility models, industrial designs, supplementary certificates.

How much does a 20-year patent cost?

It may vary, but the cost can run into thousands of euros, including maintenance fees.

Would you like to benefit from the Patent Box and reduce your tax burden by up to 60%?

Get your free consultation Contact us today.