Revenue Note for Guidance
This Chapter deals with the taxation of income deriving from patents and includes provision for the granting of capital allowances in respect of expenditure incurred on the acquisition of a patent or patent rights. The general provisions relating to the granting of capital allowances contained in Chapter 4 of Part 9 are applied, and adapted, as necessary, for the purposes of the allowances provided by this Chapter by virtue of section 762.
The section gives the meaning of certain terms and provides rules for the construction of certain references used in the Chapter.
(1) “the commencement of the patent” is defined as the date from which the patent rights become effective.
“income from patents” includes not only any royalty or other sum paid for use of a patent but also any amount on which tax is payable by virtue of the Chapter.
“Irish patent” is a patent granted under Irish law.
“patent rights” means the right to do something without infringement of a patent.
“the writing-down period” is defined in section 755(2).
(2) The grant or acquisition of a licence to use a patent is to be regarded as a sale or purchase of a part of the rights under the patent. However, where the terms of a licence are such that the licensee is to have the sole use of the patent to the exclusion of the grantor and all other persons for the remaining life of the patent, the grant of the licence is to be treated as equivalent to the sale by the grantor of the whole of the patent rights.
(3) If an invention which is the subject of a patent is made for the service of, or is used by, the State under section 77 of the Patents Act, 1992, the Chapter applies as if the making or using of the invention had been under licence. The Chapter applies similarly to an invention made for the service of, or used by, the government of another country under any corresponding legal provisions of that country.
Relevant Date: Finance Act 2020