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TAX BENEFIT ON INNOVATION PROFIT · CURRENT FOR 2026

Innovation box: conditions, 9% rate and tax benefit

The innovation box (Innovatiebox) is a fiscal scheme within corporate income tax with which qualifying benefits from self-developed innovative intangible assets at an effective rate of 9% can be taxed. The regular corporate income tax rate is 19% in 2026 up to €200,000 taxable profit and 25.8% above. For access to the innovation box, the R&D declaration (S&O-verklaring) from the WBSO plays a central role.

BY PETER KLAREN · LAST CHECKED SEPTEMBER 2026 · SOURCE: DUTCH TAX ADMINISTRATION

New: innovation box facility possibly rising to €100,000 in 2027

The government proposes to increase the maximum deemed innovation box benefit per 1 January 2027 from €25,000 to €100,000. Under the proposal, the facility remains 25% of profit and can be used for a maximum of three years. The legislative amendment has been submitted with the 2027 Tax Plan and still has to be dealt with by the House of Representatives and the Senate — so it is not yet final.

Innovation box 2026 at a glance

Item2026
Effective innovation box rate9%
Regular corporate income tax rate up to €200,00019%
Regular rate above €200,00025.8%
Facility25% of profit
Maximum deemed innovation box benefit€25,000 (proposed: €100,000 as of 2027)
Facility applicableYear of creation + the following 2 years
Smaller taxpayerAn R&D declaration can provide sufficient access
Larger taxpayerR&D declaration + additional qualifying access instrument
Sole proprietorship / general partnershipNot possible — only within corporate income tax

What is the innovation box?

WBSO determines whether technical development work qualifies; with the innovation box a second question then begins: which self-developed intangible asset has been created and which part of the profit is genuinely attributable to that innovation?

WBSO

Lowers development costs: payroll tax reduction on wage tax during the R&D work.

Innovation box

Lowers tax on innovation profit: 9% instead of 19% or 25.8% on the qualifying benefit.

Both schemes can be applied to the same innovation: first WBSO during development, then the innovation box as soon as the asset generates profit. See the WBSO pillar for the application side.

WBSO and the innovation box reinforce each other

For most companies, the R&D declaration from the WBSO is the entry ticket to the innovation box. Without an R&D declaration, access is in principle only possible via other qualifying access instruments, such as a patent.

Important systemic difference: with WBSO, RVO assesses in advance whether your work plan qualifies. With the innovation box, you decide yourself when to apply the scheme, and the Dutch Tax and Customs Administration (Belastingdienst) mainly assesses afterwards — during an audit or advance consultation — whether the conditions are met.

Which assets qualify for the innovation box?

The innovation box concerns the intangible asset that results from your own development, for example:

  • self-developed software;
  • patented technology;
  • qualifying technical knowledge and development activities;
  • other qualifying intangible assets.

For larger taxpayers, additional qualifying access instruments apply, such as software, patents, plant breeders' rights and medicinal product licences.

Self-created is essential

The Tax and Customs Administration requires that your company has created the intangible asset itself and has carried out the R&D at its own expense and risk. A purchased asset does not simply qualify.

SituationInnovation box?
Self-developed software with R&D declarationpossible
Self-developed technologypossible
Existing software purchased and used unchangedno
Purchased technology, subsequently substantially further developed into a new assetpossible, only for the new part
Development fully outsourceddepends on functions, risk and structure

Smaller or larger taxpayer?

The size of your company determines how strict the access requirements are.

Smaller taxpayerLarger taxpayer
R&D declarationrequiredrequired
Extra access requirementin principle notyes
Possible additional access instruments—software, patent, plant breeders' right, medicinal product licence etc.
Gross benefit< €37.5 million over 5 yearsabove the threshold
Net turnover≤ €250 million over 5 yearsabove the threshold

Good news for software companies: for larger taxpayers, software is independently one of the additional qualifying access instruments. A patent is therefore not always required.

How do you apply for the innovation box?

For the innovation box, you do not have to submit a separate application to RVO as with WBSO. You opt to apply it in the corporate income tax return over the first year in which you want to use the scheme. That is still possible as long as the assessment for that year is not yet final and conclusive.

For more complex or material positions, advance consultation with the Tax and Customs Administration can be held about, for example, qualifying assets, profit attribution and the method used. Advance consultation is possible, but not always mandatory — see advance consultation.

When may you apply the innovation box?

The moment of creation is decisive: the year in which the qualifying intangible asset is completed. From that moment, the benefit can fall within the innovation box — provided the threshold has been passed.

The scheme can be applied to future benefits, but also to benefits already enjoyed after creation but before the choice for the innovation box — as long as the assessment is not yet final and conclusive.

The box threshold: first recoup development costs

Benefits only fall within the innovation box insofar as they exceed the development costs still to be recouped and any innovation losses.

Box threshold example

Development costs: €150,000
Innovation benefit year 1: €100,000
→ €50,000 still to be recouped

Innovation benefit year 2: €200,000
→ first €50,000 counts towards the threshold
→ remaining €150,000 can fall within the innovation box

How is innovation profit determined?

Not all profit is innovation profit. Marketing, sales, brand value, consultancy and customer success also contribute to your results. Only the part attributable to the qualifying innovation falls within the innovation box.

Total operating profit
↓ deduct / attribute to
  routine functions · sales & marketing · brand/organisation · services
↓ remaining contribution
R&D / qualifying technology
↓
possible innovation box benefit (9%)

The Tax and Customs Administration uses functional analyses for this: what contribution does R&D make versus other business functions? That is exactly what the public innovation box rulings make visible.

Example calculation: how large is the benefit?

Simplified marginal example at €500,000 qualifying benefit

€500,000 qualifying innovation benefit

At the regular 25.8% rate: €129,000 tax
In the innovation box (9%): €45,000 tax
Benefit: €84,000 per year

Note: this example assumes that the qualifying benefit would otherwise be taxed at the 25.8% rate (above the first €200,000 of profit). If the benefit would otherwise fall under the 19% rate, the difference with the 9% innovation box is 10 percentage points instead of 16.8.

The facility for SMEs

Do you not want to substantiate the profit attribution extensively? Then you can choose the facility: 25% of profit is then deemed to be qualifying innovation benefit, subject to a maximum.

ItemScheme
Deemed percentage25% of profit
Maximum qualifying benefit€25,000 per taxpayer per year
ApplicableYear of creation + 2 following years (max. 3 years)
Offer 2027Proposal: maximum raised to €100,000 — not yet final
Avoidance of double benefitNo combination with another innovation box application for the same benefit

The facility is attractive for companies with limited accounting substantiation of profit attribution. As innovation profit grows, a substantiated attribution can yield more than the facility maximum.

Innovation box for software companies

Self-developed software is one of the most common qualifying assets in the innovation box.

  • the software must result from your own R&D work;
  • for smaller taxpayers, the R&D declaration in principle provides access;
  • for larger taxpayers, software is independently a qualifying access instrument;
  • profit attribution determines how much of the SaaS or licence revenue falls within the box.

See also WBSO for software.

Outsourced R&D and the nexus rule

If your company outsources a relevant part of R&D, especially within a group, this can affect the qualifying innovation box benefit.

In larger or international structures, it is not only about who legal owner is of the technology, but also where the R&D functions, costs and risks are located. The nexus rules can correct the part of the benefits that falls within the innovation box.

What records does the innovation box require?

Your records must show:

  • which qualifying intangible assets exist;
  • how much benefit has been achieved with them;
  • how that benefit was determined (profit attribution or facility);
  • that smaller taxpayers comply with the conditions that apply to them.

The WBSO records you keep anyway — hours, projects and costs — form a good basis for this, but the innovation box additionally requires profit data per asset.

Advance consultation with the Tax and Customs Administration

For more complex positions — multiple assets, major profit attribution questions, outsourced R&D or international structures — advance consultation with the Tax and Customs Administration can provide certainty about the application of the innovation box before you complete the return.

Advance consultation is not always mandatory, but can prevent much discussion afterwards. Rule of thumb: the larger the qualifying benefit and the more complex the profit attribution, the more valuable prior consultation.

Might your company qualify?

Tick what applies to your company:

☐We pay corporate income tax (BV or NV)
☐We have (or had) an R&D declaration
☐We develop technology or software ourselves
☐The innovation has since been realised (created)
☐This innovation contributes to our profit
☐We can substantiate the relationship between R&D and profit

4 or more boxes ticked? Then an innovation box scan can deliver relevant savings. This is an indicative qualification, not a legal opinion.

Frequently asked questions about the innovation box

How do I apply for the innovation box?
You opt to apply it in the corporate income tax return over the first year in which you want to use the scheme. That is possible as long as the assessment for that year is not yet final and conclusive. Advance consultation with the Tax and Customs Administration is possible, but not always mandatory.
Can a sole proprietor or self-employed professional use the innovation box?
No. The innovation box falls under corporate income tax. A sole proprietorship or general partnership can use WBSO and the R&D deduction, but not this corporate income tax scheme — see WBSO for self-employed professionals.
What is the innovation box threshold?
The development costs still to be recouped, increased by any innovation losses not yet recouped. Only above that threshold does benefit fall within the innovation box.
What is the facility in 2026?
25% of profit is deemed to be a qualifying benefit, with a maximum of €25,000 per year, for a maximum of three years.
What changes in 2027?
The proposal is to increase the facility maximum from €25,000 to €100,000 as of 1 January 2027. The 25% percentage and the maximum duration of three years remain unchanged under the proposal. The proposal still has to pass the Senate and the House of Representatives.
What happens with innovation losses?
Innovation losses do not fall under the 9% rate. They are deductible at the regular corporate income tax rate, but do increase the threshold that future innovation box benefits must first exceed.
May R&D be outsourced?
That is possible, but with outsourced R&D — especially within a group — account must be taken of functions, risks and a possible nexus correction on the qualifying benefit.
Is a patent required for the innovation box?
No. For smaller taxpayers, the R&D declaration can provide sufficient access. For larger taxpayers, there are several qualifying access instruments, including self-developed software.

How much innovation profit can you tax at 9%?

We assess your qualifying assets, the profit attribution and whether the facility or a substantiated attribution yields more — and, if necessary, coordinate the advance consultation with the Tax and Customs Administration.

SOURCES AND SUBSTANTIVE REVIEW

Tax and Customs Administration — Innovation box

Reviewed by Peter Klaren, WBSO specialist since 2004. Last substantively updated: 21 September 2026.