Patent Box Tax Calculator (Section 115BBF)
Calculate your tax saving from the 10% concessional rate on patent royalty income under Section 115BBF of the Income Tax Act.
Licensing fees, milestone payments, sub-licensing income from patented technology
Business income taxed at normal rate
To opt in: File Form 3CFA before your ITR due date. You must be the true and first inventor and the patent must be registered under the Indian Patents Act 1970. The election is irrevocable for that year. Other income continues to be taxed at the normal rate.
Section 115BBF, Income Tax Act 1961. Surcharge rates: 10% for income ≤ ₹10 Cr (new regime companies), 12% (old regime). Cess: 4%. AMT/MAT may still apply. Consult your CA for entity-specific effective rates.
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Frequently asked questions
What is Section 115BBF Patent Box?
Section 115BBF provides that any royalty income in respect of a patent developed and registered in India is taxable at 10% (plus surcharge and cess) in the hands of the patentee. This is significantly lower than the standard corporate tax rate of 22–25.17%. The provision aims to encourage Indian companies to retain IP in India rather than booking it in low-tax jurisdictions.
Who qualifies for the Section 115BBF patent box regime?
The patentee must be: (1) an Indian resident — individual, company, or LLP; (2) the true and first inventor of the patented invention; (3) the patent must be registered under the Patents Act 1970. Assignments or licensees who are not the original inventor do not qualify. The beneficial owner must have developed the invention.
What counts as royalty income for the patent box?
Royalty income under Section 115BBF includes: consideration for transfer of all or any rights in the patent, consideration for imparting information concerning the working of or use of the patent, and any income from the use of the patent — licensing fees, milestone payments tied to patent use, and sub-licensing income from the patented technology.
Can a startup claim both Section 80IAC and Section 115BBF?
Yes. Both can be claimed simultaneously on different income streams. 80IAC applies to all profits of the eligible startup for 3 years; 115BBF applies to patent royalty income at 10%. However, once 115BBF is claimed for royalty income, that income is separately taxed at 10% and is not included in the profits eligible for the 80IAC 100% deduction — they apply to the same income.
What is Form 3CFA and when must it be filed?
Form 3CFA is the declaration form required to opt into the Section 115BBF patent box regime. It must be filed before the due date of filing the income tax return for the relevant assessment year. Once filed, the election is irrevocable for that year. The form requires details of the patent, royalty amounts, and a declaration that the patentee is the true and first inventor.