Guidance on applying for a KDB Certificate
What is a KDB Certificate
A KDB Certificate is required for small companies which have assets in the form of intellectual property (IP) equivalent to a patentable invention.
Intellectual property for small companies is defined in Section 769R (1) of the TCA 1997 as:
“…. inventions that are certified by the Controller of Patents, Designs and Trade marks as being novel, non-obvious and useful”
The “Knowledge Development Box (Certification of Inventions) Act, 2017 (commenced on 19 May 2017) empowers the Controller to provide the necessary certification.
The Controller will issue a KDB certificate if he is satisfied that all requirements of Part 2 of the KDB Act are met. On receipt of a certificate, a company will be in a position to make a claim for tax relief to Revenue.
Applying for a KDB Certificate
- Have you completed a sworn statutory declaration that your company is a relevant company for the purposes of the KDB? [See Note 5.6(a) of the Guidelines]
- Does your company have a qualifying asset i.e. an invention which is the result of R&D which I consider to be patentable but have not patented? [See Notes 3 and 4 of the Guidelines]
- Does your company have qualifying expenditure and qualifying profits arising from the invention? [Check with your tax adviser]
- Have you a full clear and accurate description of the invention? [See Note 5.6. (b) to (e) of the Guidelines]
- Do you know the date the invention began to be used, produced or marketed? [See Note 5.5 of the Guidelines]
- Have you obtained an opinion from a patent agent attesting that the invention is novel, non-obvious and useful up to and on the date it began to be used, produced or marketed? [See Note 5.6 (f) of the Guidelines]
When you have read the guidelines and have considered the foregoing questions you should complete the application form.