Corporate Income Tax as of 2013 (III). Tax incentives

Abstract

This collaboration studies a tax incentive with a broad projection in the international scenario, commonly known as «patent box», by virtue of which revenues derived from certain intangible assets are subject to a special privileged tax regime.

The interest for this tax regime exceeds the scope of sovereign Corporate Income Tax regulations, in order to start a competition between the States to attract certain high added value activities or, for the mere attraction of shifted profits for tax reasons.

The modification of Art 23 CIT Law by way of Law 14/2013, which regulates the Spanish patent box regime, beyond its technical tax aspects, opens up the debate of Corporate Income Tax’s role in international taxation, due to its suitability for both cooperation and aggression. International community’s main interest is cooperation which is precisely what is pursued by OECD project, BEPS.