CA75410 - Patents: Sums received from sale of patent rights: Payments received for Crown user
You may receive details from a Government Department of a lump
sum payment they have made to a taxpayer for user of a patent. This
is how you should treat lump sum awards for Crown user of patents.
Payments for past user
Treat the payment as an aggregated royalty. The paying
department will normally deduct tax under ICTA88/S349. If they do
not you should make an assessment to collect the tax due. The
taxpayer can claim to have the spread back provisions
CA75400 applied.
Payments for future user
A payment for future user of a patent may be for limited or
unlimited user. There is guidance about the meaning of limited and
unlimited user of a patent at IM3922.
If the payment is for limited user it should be dealt with
like a payment for past user except that the spread back provisions
are not available.
If the payment is for unlimited user and is a capital
payment, the payment is taxable under ICTA88/S524
CA75200.
Payment that covers both past user and future unlimited
user
In these cases the Department concerned will normally fix the
proportion of the payment applicable to past user and deduct tax
from it. You should follow the guidance above about payments for
past user when you deal with that part. You should follow the
guidance above about payments for future user when you deal with
the balance.
