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Legislation
Income Tax (Trading and Other Income) Act 2005

Crossheading Sales of patent rights

  • Section 587 Charge to tax on income from sales of patent rights
  • Section 588 Income charged under section 587
  • Section 589 Person liable for tax under section 587
  • Section 590 UK resident sellers: spreading rules
  • Section 591 Non-UK resident sellers: election for spreading
  • Section 592 Further provision about elections for spreading: instalments
  • Section 593 Death of seller
  • Section 594 Winding up of a body corporate
  • Section 595 Deduction of tax from payments to non-UK residents
  • Section 596 Adjustments where tax has been deducted
  • Section 597 Licences connected with patents
  • Section 598 Rights to acquire future patent rights
  • Section 599 Sums paid for Crown use etc. treated as paid under licence
  1. Sales of patent rights
  2. Income charged under section 587

Section 588 | Income charged under section 587

From legislation.gov.uk

(1)A seller's profits from the sale of the whole or part of patent rights are—

(a)any capital sum comprised in the proceeds of the sale, less

(b)the deductible costs.

(2)The deductible costs are—

(a)the capital cost (if any) of the rights sold, and

(b)any incidental expenses incurred by the seller in connection with the sale.

(3)If—

(a)the seller acquired the rights sold, or the rights out of which they were granted, by purchase,

(b)the seller has previously sold part of the purchased rights, and

(c)the proceeds of that sale, after deducting any incidental expenses, consisted wholly or partly of a capital sum,

the capital cost is reduced by that capital sum.

(4)References in this Chapter to the capital cost of patent rights are to any capital sum included in any price paid by the seller to purchase—

(a)the rights, or

(b)the rights out of which they were granted.

(5)This section needs to be read with sections 600 (relief for expenses: patent income) and 603 (contributions to expenditure).

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