Admittedly, tax can be a big problem for startups based on invention because thinking about expenses while striving for innovation can turn the excitement of the startup into stress. In this article, we examined the tax exemptions granted to enterprises in terms of industrial property rights.
Corporate Tax
Article 5/B of the Corporate Tax Law No. 5520, titled "Exemption for Industrial Property Rights", states how an exemption can be granted in terms of corporate tax.
Within the scope of this article, it has been stated that 50% of the income items of the inventions resulting from research, development, and innovation activities and software activities carried out in Turkey are within the scope of corporate tax exemption. The specified income items are as follows:
Earnings and revenues obtained as a result of leasing,
Earnings obtained as a result of its transfer or sale,
Proceeds from mass production and marketing in Turkey
Earnings from the sale of products produced as a result of their use in the production process in Turkey
In the same article, it is stated that this exemption will also be applied to the incomes obtained as a result of the violation of the rights regarding the invention and the insurance or other compensations received due to the invention.
Certain conditions are required for the exemption to apply. The first of these conditions is that the invention subject to the exemption application must be among the inventions protected by granting a patent or utility model certificate under Decree-Law No. 551 on the Protection of Patent Rights or Industrial Property Law No. 6769, and a utility model certificate must be obtained as a result of the patent or research report with the examination system regarding the invention.
Secondly, persons who can benefit from the exemption application must have the right to apply under the provisions of the Paris Agreement, or real or legal persons residing within the borders of the Republic of Turkey or engaged in industrial or commercial activities. At the same time, provided that these persons have the authority to develop the invention with a patented or utility model certificate, they must be the owner of the patent or utility model certificate or have a special license like a monopoly on the patent or utility model certificate. In summary, it should be among the people who can benefit from industrial property protection in Turkey and should have a right to a patent or utility model.
The exemption application starts from the date the patent or utility model certificate is issued, and it is stated that this exception can be benefited from, provided that the protection period provided for the relevant patent or utility model certificate is not exceeded.
It is stated that the reduced tax deduction will be applied for a maximum of 5 years for taxpayers whose income and income are taxed by deduction and do not need to submit a declaration.
It has been stated that taxpayers who benefit from the exemption application within the scope of this law cannot benefit from the exception application within the scope of the Technology Development Zones Law No. 4691.
Income tax
In the 4th paragraph of Article 5/B of the Corporate Tax Law No. 5520, it is clearly stated that the relevant article will also be applied to the income taxpayers. In this context, Article 5/B of the Corporate Tax Law will be applied by analogy.
Value-added Tax
VAT exemption will be applied for the rental, transfer, or sale of intangible rights related to the invention with patented or utility model certificate resulting from research and development, innovation, and software activities within the scope of Article 5/B of the Corporate Tax Law No. 5520.
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