Income in the form of rights to the results of intellectual activity will not be subject to income tax

New amendments to Russia’s Tax Code exclude yet another category of income from the corporate income tax base determination. They are contained in the Law “On Amending Articles 251 and 262 of Part Two of the Tax Code of the Russian Federation” [1]  (the Law), effective 28 May 2022.

Now income in the form of property rights to the results of intellectual activity (RIA) is not taken into account in determining the income tax base, if the results were identified during an inventory between 1 January 2022 and 31 December 2024. If the taxpayer was listed as a small- or medium-sized enterprise as of 1 January 2022, then the exemption may be applied to the results of intellectual activity identified in the period up to 31 December 2026.

So, within the next three years (or five years for small- and medium-sized enterprises) income in the form of rights to RIA is not included in the tax base and is not subject to income tax, which usually constitutes 20% of taxable income. 

A similar rule applied in 2018–2019, and it is valid for rights to RIA that were identified during an inventory conducted in that period. Since the process of inventorying results of intellectual activity is long and complicated, and not all entrepreneurs have had time to take advantage of the new opportunity, lawmakers have decided to extend the exemption for a longer period. This period will make it possible to carry out a publicity campaign, do inventory to identify RIA and register the rights to them. 

According to the explanatory note to the Law, the exemption is intended to promote the identification and legal protection of RIA created in Russia. In addition, the Law’s drafters believe that this exemption may encourage inventors and potential licensees of IP rights by easing their tax burden. It could also make the Russian economy more attractive to investors.

 [1] Federal Law No. 149 of 28 May 2022 “On Amending Article 2 of the Federal Law ‘On Amending Articles 251 and 262 of Part Two of the Tax Code of the Russian Federation'”.

 
Vera Zotova
Senior Associate

+7 931 210 50 03
St. Petersburg