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Legislation
Corporation Tax Act 2010

Crossheading Cost-sharing arrangements

  • Section 357GC Meaning of “cost-sharing arrangement
  • Section 357GCZA Qualifying IP right held by another party to CSA
  • Section 357GCZB Exclusive licence held by another party to CSA
  • Section 357GCZC R&D undertaken or contracted out by another party to CSA
  • Section 357GCZD Acquisition of qualifying IP rights etc by another party to CSA
  • Section 357GCZE Treatment of expenditure in connection with formation of CSA etc
  • Section 357GCZF Treatment of income in connection with formation of CSA etc
  1. Cost-sharing arrangements
  2. Treatment of income in connection with formation of CSA etc

Section 357GCZF | Treatment of income in connection with formation of CSA etc

From legislation.gov.uk

(1)Where—

(a)a company receives a payment in consideration of its entering into a cost-sharing arrangement, and

(b)the company holds a qualifying IP right granted in respect of the invention or holds an exclusive licence in respect of such a right,

a just and reasonable amount of the payment is to be treated as relevant IP income of the company.

(2)Where—

(a)a company that is a party to a cost-sharing arrangement receives a payment from a person in consideration of its agreeing to that person becoming a party to the arrangement (whether in place of the company or in addition to it), and

(b)any party to the arrangement holds a qualifying IP right in respect of the invention or holds an exclusive licence in respect of such a right,

a just and reasonable amount of the payment is to be treated as relevant IP income of the company.

(3)Where—

(a)a company that is a party to a cost-sharing arrangement receives a payment from another party to the arrangement in consideration of its agreeing to that party becoming entitled to a greater share of the income attributable to the invention or acquiring additional rights in relation to the invention, and

(b)any party to the arrangement holds a qualifying IP right in respect of the invention or holds an exclusive licence in respect of such a right,

a just and reasonable amount of the payment is to be treated as relevant IP income of the company.

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