Corporation Tax Act 2009 section 912

Charge to tax on profits from sales of patent rights

Section 912 establishes that corporation tax on income applies to profits a company makes from selling patent rights, including sales by non-UK resident companies where the patent was granted under UK law.

  • Profits from the sale of all or part of a company's patent rights are subject to corporation tax on income
  • Non-UK resident companies are caught by this charge where the patent was granted under UK law
  • "Patent rights" means the right to do, or authorise others to do, something that would otherwise constitute patent infringement
  • This section applies to capital sums received from patent sales, ensuring they are taxed as income rather than escaping the tax charge

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