Explainer

What is the Patent Box regime and does your company qualify?

·5 min read

The Patent Box allows UK companies to apply a reduced 10% corporation tax rate to profits derived from patented inventions. Here is what you need to know about eligibility, qualifying income, and how to make a claim.

The Patent Box is a UK government incentive that allows companies to elect to pay a reduced rate of corporation tax, currently 10%, on profits attributable to patented inventions and certain other qualifying intellectual property rights. The standard rate of corporation tax is 25%, meaning the Patent Box can represent a significant and recurring tax saving for eligible businesses.

The regime was introduced in 2013 and is administered by HMRC under Part 8A of the Corporation Tax Act 2010. It is designed to encourage companies to retain and commercialise their intellectual property in the UK, rather than licensing it offshore.

To qualify, a company must hold, or exclusively license in, a qualifying patent granted by the UK Intellectual Property Office, the European Patent Office, or certain other specified European patent authorities. The patent must be in force, and the company must have undertaken qualifying development activity in relation to it.

Qualifying income includes income from the sale of patented products, licence fees received in respect of the patent, and a proportion of income from products that incorporate a patented component. Infringement damages and certain insurance proceeds can also qualify.

The calculation of the Patent Box deduction follows a streaming or formulaic approach, and since 2016 has been subject to the OECD nexus rules, which link the proportion of qualifying profits to the level of R&D expenditure incurred by the claimant company. This means that companies which have outsourced significant R&D to connected parties may find their Patent Box benefit reduced.

Making a Patent Box election is straightforward. A company simply notifies HMRC within two years of the end of the relevant accounting period. However, the underlying calculation can be complex, particularly for businesses with multiple product lines or group structures. Specialist advice is strongly recommended to ensure the full benefit is captured and the claim is defensible on enquiry.

Ready to explore your Patent Box position?

Our specialists can assess your eligibility and quantify the relief available to your company.