Starting January 1, 2008, Indiana-based technology companies can now take advantage of a tax exemption for revenues from patents issued after January 1, 2008. Indiana is the first state to offer this type of exemption.
The exemption applies to license fees, royalties and receipts from licensing or sale of a “qualified patent.” A “qualified patent” is US utility or plant issued after December 31, 2007, for an invention “resulting from a development process conducted in Indiana.”
Any technology-based busienss, especially software companies whose predominant revenue source is license fees, should consider seeking patent protection for their products. This could allow them to take advantage of this significant exemption from revenue.
Small businesses with fewer than 500 employees and affiliates that receive patents after 2007 may exempt up to half of the income they receive from using the patents for the first five years. The exemption tapers off in subsequent years, and expires after 10 years.
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