R&D tax incentives in the EU 欧盟的研发税收奖励

Transcription

1 R&D tax incentives in the EU 欧盟的研发税收奖励 By Vinod Kalloe Head of international tax policy KPMG The Netherlands 荷兰毕马威会计事务所国际税收政策部负责人 IP Key-CAS IPM Conference Beijing, 4 December 2014 北京,2014 年 12 月 4 日

2 Content 目录 Topics 主题 An introduction: supporting innovation by tax 介绍 : 通过税收支持创新 1 European guidance to EU member states 欧盟成员国欧洲指南 2 EU Member state examples R&D tax incentives (on the expense side) 欧盟成员国研发税收奖励示例 ( 支出方面 ) 3 EU Member state examples R&D tax incentives (on the income side) 欧盟成员国研发税收奖励示例 ( 收入方面 ) 4 R&D tax incentives: evaluations? 研发税收奖励 : 评估? 5 Recommendations 建议 1

3 Supporting innovation by tax 通过税收支持创新

4 Supporting innovation by tax 通过税收支持创新 From R&D exploration to IP exploitation 从研发探索到知识产权利用 Phase 1 第 1 阶段 Phase 2 第 2 阶段 Phase 3 第 13 阶段 Phase 4 第 4 阶段 Phase 5 第 5 阶段 R&D investment 研发投 R&D operation 研发运 IP patenting 知识产权 IP management 知识产资营 R&D losses 研发损失专利权管理 Reducing amount of corporate tax 1. R&D allowance/deductio n 2. R&D tax credit (refund) 3. R&D accelerated depreciation (capital expenditure) Operational expenses 1. R&D corporate tax deduction 100% or 2. R&D corporate tax super deduction (more than 100%) 3. R&D tax credit 4. R&D wage tax reductions Loss compensation carry forward and carry back Tax credit leading to refund R&D center (contract R&D) receiving fees Legal owner of the IP Licensing and sublicensing Corporate income tax for licensor IP tax regimes IP location IP protection Commercializing the IP Withholding taxes on license fees and royalties paid by licensee R&D investment allowance 研发投资补贴 Wage tax reductions 工资税收减免 Loss compensation 损失补偿 IP income regimes 知识产权收入体制 Tax treaties 税收协定 3

5 European guidance to EU member states 欧盟成员国欧洲指南

6 European Guidance 欧洲指南 From EU Lisbon Strategy to Europe 年从欧盟里斯本战略到欧洲 EC Communication on R&D tax incentives 2006 年 - 欧共体关于研发税收奖励的通讯 emerging IP tax regimes (corporate tax) 年 - 新兴知识产权税制 ( 公司税 ) 2014 EU and OECD link with real R&D development 2014 年 - 欧盟和经济合作与发展组织与真正的研发发展挂钩 5

7 2006 EC Communication on R&D tax incentives COM(2006) 年欧共体研发税收奖励通讯 (2006)728 Aim: EU R&D investment 3% of GDP (2% from private sector) 目标 : 欧盟研发投资额为国内生产总值的 3% (2% 来自私营部门 ) Tools: (amongst others) tax incentives 手段 :( 除其它外 ) 税收奖励 EU compatibility required: fundamental freedoms / state aid 所需的欧盟兼容性 : 基本自由 / 国家补助 No territorial restrictions allowed 不允许有地区限制 No restrictions on potential beneficiaries 不限制潜在受益人 6

8 EU Member State examples 欧盟成员国示例

9 R&D tax incentives and IP tax regimes (examples) 研发税收奖励与知识产权税制 ( 示例 ) R&D tax allowance 研发税收补贴 Monitor with interest R&D tax credit 研发税收抵免 R&D wage tax reductions 研发工资税收减免 IP income low taxed 知识产权收入税率降低 Austria, Belgium, Denmark, Hungary, Malta, United Kingdom Ranging from 100% to 300% France, Ireland, Netherlands, Norway, Slovenia, Spain Netherlands, France Netherlands, Spain, Belgium, Luxembourg, Malta, Cyprus, Hungary, United Kingdom 8

10 Elements of the IP income tax regimes 知识产权收入税制要素 Qualifying IP 合格的知识产权 self-developed patented IP self developed nonpatented know how (technological IP) acquired IP + further development Concerns EU and OECD? acquired IP without further development IP from related party outsourcing any copyright of literary, artistic or scientific work including cinematograph films any trade mark, brandname, logo software and internet domain names 9

11 Elements of the IP income tax regimes 知识产权收入税制要素 Eligible income 合格收入 direct royalty embedded royalty capital gains Concerns EU and OECD? transfer pricing approach formula-based approach Solution? limit eligible income to eligible development cost? Safeharbour contract research intra group? 10

12 Elements of the IP income tax regimes 知识产权收入税制要素 Tax incentive 税收奖励 Effective tax rate tax base exemption for eligible income up to: 50% - 80% - 100% 15% - 10% - 5% - 2,5% - 0% 实际税率 Cap 最高额 R&D expenses 研发费用 None x-times development costs 100% deductible recapture development costs Ruling practice 管理实践 advance certainty on qualifying IP and eligible income ranging from 3 to 10 year period 11

13 EU Member States 欧盟成员国 Evaluations of R&D tax incentives? 研发税收奖励评估?

14 Evaluation: the use of tax incentives (EC) 评估 : 采用税收奖励 ( 欧共体 ) 委员会工作文件附录于委员会向理事会 欧洲议会和欧洲经济与社会委员会的通讯为鼓励研发更加有效利用税收奖励 Empirical evidence on the use and effects of R&D tax incentives evidence indicates tax incentives were used mostly by large firms with an important international presence, active in R&D intensive manufacturing sectors in the majority of cases, the availability of tax incentives did not significantly influence the decision on localization of R&D centers of the surveyed firms this indicates that tax incentives reinforced rather than induced changes in business strategies, although in the case of fourteen firms it always or very often encouraged high-risk, long-term research projects 13

15 Evaluation: Dutch R&D wage tax credit 评估 : 年荷兰研发工资税收抵免 R&D wage tax credit reducing the employer s total wage cost 研发工资税收抵免减少员工的总工资成本 based upon salary expense of R&D workers 35% (50% for start-ups) of the first EUR 250,000 R&D wage costs 14% for the remaining R&D wage costs must be applied for before start of R&D project upon granting, employers will receive an R&D-Certificate Cap 14 million per company R&D workers seconded to the Netherlands: 30% ruling 调到荷兰的研发工人 : 30% 规定 personal income tax benefit under the 30% ruling for expatriates may apply to R&D workers, thereby reducing overall employment cost 14

16 Evaluation: Dutch R&D wage tax credit 评估 : 年荷兰研发工资税收抵免 Effects on the R&D wage costs 对研发工资成本的影响 The WBSO has a cost-reducing effect on the R&D labour costs. Companies are encouraged to use the research and development production factor more intensively because of the R&D labour cost discount. Without the incentive, 45% of the R&D would not have taken place in the Netherlands. Qualitative side-effects. 定性副作用 WBSO users dare to take more risks; cooperation is encouraged. Companies carry out more R&D themselves instead of contracting it out. Companies implement R&D with more awareness and more structure. Source: EIM, Zoetermeer, February 2012 来源 :EIM, 祖特尔梅尔,2012 年 2 月 15

17 Evaluation example: Australian R&D Tax Concession 评估示例 : 澳大利亚研发税收优惠 Corporate tax deduction of 125% for eligible expenditure on R&D activities 对于合格的研发活动支出, 公司税收减免 125% Small firms (with a turnover of less than $5 million and spending less than $1 million per annum on R&D) can claim a refundable R&D Tax Offset, equivalent to the value of the R&D Tax Concession. 小企业 ( 营业额少于 500 万美元, 每年研发支出少于 100 万美元 ) 可索要可退还的研发扣除税金, 相当于研发税收优惠的价值 This study found that investment in R&D produces public benefits, in addition to the private benefits that accrue to the firm: 本研究发现, 研发投资除产生了归于公司的私有利益外, 还产生了公共效益 : the results of R&D are diffused to other businesses to become the basis for products, processes or services in those firms in 47 percent of cases; and Positively influences the size of investment in individual R&D projects by companies in 51 percent of cases. Increasing the commercial value of the results in 26 percent of cases; induces additional R&D expenditure through increased investment in projects that would not otherwise be supported in 13 percent of cases. R&D tax offset: enables recipient companies to perform R&D on a continuous basis by providing a regular and certain cash flow; directly funds increased investment in R&D; Source: Department of Industry, Tourism and Resources, Canberra, October 2005 Report on a Survey of 116 Firms 16

18 EU Member State recommendations 欧盟成员国建议

19 EU Recommendations: principles of good design COM(2006)728 欧盟建议 : 良好好设计的原则 COM(2006)728 Simplicity 简单 Low administrative and compliance cost 管理及合规成本低 Reliability and stability 可靠并稳定 Generic: open to broad range of firms 通用 : 适用于各种公司 Consider evaluation criteria and data collection from design stage 从设计阶段就考虑评估标准和数据采集 18

20 EU Recommendations? 欧盟建议? R&D tax allowance 研发税收补贴 Monitor with interest R&D tax credit 研发税收抵免 R&D wage tax reductions 研发工资税收减免 IP income low taxed 知识产权收入税率降低 Super deductions to 300% Leading to direct cash refunds Exempting R&D workers Low rate with link to real R&D development Carry forward and carry back 19

21 Recommendations on evaluation 评估建议 Aims and objectives clearly defined 明确定义宗旨和目标 Ex-ante estimate of increase of R&D within firms, economic performance and benefits for society at large 对公司研发的增加 全社会的经济表现和效益进行事前评估 Monitor and data collection 监控和数据采集 Ex-post evaluation and description 事后评估和描述 Policy amendments: evidence based policy decisions 政策修正 : 基于证据的决策 20

22 Questions? 若有问题请联系 Vinod Kalloe tel 电话 cell 移动电话

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