In recent years, the tax regime applicable to copyright has been significantly restricted, which has virtually eliminated the possibilities for use in the IT sector.
However, the coalition agreement announced that the regime could be reopened to digital professions, including software development. This would allow operations such as the transfer or licensing of software to once again fall under the copyright tax regime, subject to certain strict conditions.
However, there remains great uncertainty: it is still unclear which forms of software development or digital creations will be considered as “protected works” eligible for the regime. The way concepts such as “disclosure,” “reproduction,” or “communication to the public” will be interpreted will also be crucial for practical applicability in IT projects.
Furthermore, it is important to emphasize that, despite the reopening, it has also been announced that the flat-rate deduction could disappear or be modified as part of a future reform. Therefore, it is uncertain whether the tax advantage will remain as beneficial as before.
Conclusion
The IT sector should once again have access to the copyright tax regime, but the precise conditions and tax benefits have not yet been definitively established. Given the announced changes, particularly the potential elimination of the flat-rate deduction, caution is advised until the final legislation is known.
