Читать книгу The IP Box Regime. A Study from an International and European Perspective - Elizabeth Gil García - Страница 15

In the R&D&I context, it should be distinguished between the R&D&I as an activity (input) and the results of R&D&I (output). On the one hand, the process of increasing the stock of knowledge for its application will be regarded as R&D&I activity, and this is, according to the 1984 UNESCO Guide, what can actually qualify as R&D (&I). On the other hand, the application of the results of R&D&I will be considered as the outcomes of the R&D&I, but it does not seem that this qualifies as ‘pure’ R&D (&I).

Once the R&D&I process ends, an outcome may have been obtained, and its profitability may be subject to tax or even may benefit from a special tax treatment (output incentive). Therefore, the results of R&D&I are closely linked to IP assets. Oslo Manual identifies IP related activities as innovation activities, which include the protection or exploitation of knowledge, often created through R&D, software development, and engineering, design and other creative work.60

It is clear that R&D&I activities and projects generate a cost on the entity side that can be publicly funded. However, the results of R&D&I may be subject to tax in case an income is produced, i.e. when income is arising from the development or exploitation of the results of R&D&I. Thus, these two moments are relevant for tax purposes. In accordance with the specific tax policy of a country, both input and output incentives can be granted. That is to say, fiscal incentives designed to foster business investments in R&D&I (input incentives) or measures that fiscally privilege income arising from R&D&I activities (output incentives).

In a nutshell, input incentives support the creation of R&D&I intangibles, while output incentives encourage the further development or exploitation of IP assets.