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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. Non-UK resident sellers: election for spreading

Section 591 | Non-UK resident sellers: election for spreading

From legislation.gov.uk

(1)If the person liable under section 587—

(a)is a non-UK resident, and

(b)does not receive the proceeds of sale in instalments,

the whole amount chargeable is taxed in the tax year in which the person receives the proceeds.

(2)The person may elect to be taxed instead on one-sixth of the amount chargeable in the tax year in which the person receives the proceeds of sale and in each of the next 5 tax years.

(3)An election under subsection (2) must be made on or before the first anniversary of the normal self-assessment filing date for the tax year in which the proceeds of sale are received.

(4)Such repayments and assessments are to be made for each of the tax years affected as are necessary to give effect to the election.

(5)Subsection (4) is subject to the qualifications in section 596 (adjustments where tax has been deducted).

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