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ARTICLE · 22 DECEMBER 2014

UK-Germany Joint Statement Provides Increased Certainty For Patent Box Regimes

Various countries have regimes that provide tax incentives to encourage companies to carry out research and development work.

United KingdomIntellectual Property

Various countries have regimes that provide tax incentives to encourage companies to carry out research and development work. They are often called "Preferential IP Regimes". The UK government introduced its Patent Box regime with significant publicity in 2011 and the scheme took effect from April 2013. These regimes are effective in stimulating investment in hi-tech industries, and the UK Patent Box has been popular with hi-tech businesses. Some regimes have, however, been criticised in recent years because some commentators believe they may encourage corporate tax practices that artificially shift profits to tax-favourable countries, to the detriment of others.

Patent box regimes are thus currently under consideration by the OECD Forum on Harmful Tax Practices. Work by the Forum has led to the development of a proposal that national patent box schemes should only reward expenditure that has been incurred in the country in question, an approach that has been termed

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