Innovation income deduction

Make the most of your innovation income.



« Thanks to the innovation income deduction, Belgium is the ideal country for companies with innovative ideas. »



What is the innovation income deduction? 

The innovation income deduction is a support measure for companies with innovative ideas. 

This support measure applied since 1 July 2016 to patents, plant breeders' rights, data or commercial exclusivity, orphan drugs and copyright-protected computer software.

For software, you must be able to demonstrate that it results from a research and development (R&D) project or program. A binding opinion can be requested from the Belgian Science Policy (BELSPO).

The innovation income deduction is calculated on the basis of net income from innovation, i.e. gross income from innovation reduced by all R&D costs relating to the intellectual property right concerned. The deduction that can actually be deducted from the taxable base corresponds to 85% of this net innovation income. 

It is important to note that the aforementioned net innovation income is limited according to what is called the “nexus ratio”. The purpose of the nexus ratio is to limit the deduction for companies that carry out a lot of research and development through a related company or that have acquired intellectual property by not having carried out enough development themselves internally (via their own payroll). It should be noted that outsourcing to unrelated companies does not limit the deduction.

For more details on the above points, please refer to the various articles we have written on the subject. 

How can BDO help you?

  • We will determine the patents and software potentially eligible on the basis of the legal conditions for applying the innovation income deduction. 
  • Our innovation engineer can also help you validate the innovative nature of your software and assist you in obtaining a BELSPO opinion confirming its innovative nature. 
  • When implementing the measure, we list all the income and expenditure associated with patents and innovative softwares. Our transfer pricing experts have all the skills required to set up one or more methodologies for determining the income associated with your company's innovation.  
  • Once it has been established that they can benefit from the favorable measure, many of our clients want to secure their position. Thanks to our close relationship with the tax authorities, we can help you to secure your advantage legally, in particular by submitting a request for a ruling by the Ruling Commission.  
  • The procedure for requesting an advance ruling is divided into different phases: the prefiling phase and the formal application phase. During the prefiling phase, a draft request for a ruling is discussed with the Ruling Commission. 
  • If there is a positive response to the prefiling procedure, the request is "simply" converted into a formal request for a ruling. In practice, the overall procedure extends over a period that may vary. In any event, it must be finalised before the deduction is applied to the tax return. 

Our approach 


tax innovation

Customer testimonial 

"I was lucky to work with BDO's Tax & Legal team on a number of complex matters relating to innovation income deduction. Their team did a quality job, following up on the application from the Ruling Commission to the BELSPO. The constant availability of the BDO team was a major asset, reinforcing our confidence throughout the process.

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