Part 9Intellectual property: know-how and patents

Chapter 2Disposals of know-how

908Charge to tax on profits from disposals of know-how

1

The charge to corporation tax on income applies to profits arising where consideration is received by a company—

a

for the disposal of know-how, or

b

for giving, or wholly or partly fulfilling, an undertaking which—

i

is given in connection with a disposal of know-how, and

ii

restricts or is designed to restrict any person's activities in any way.

2

For the purposes of subsection (1)(b), it does not matter whether or not the undertaking is legally enforceable.

3

Subsection (1) is subject to the exceptions in section 909.

4

In this Chapter “know-how” means any industrial information or techniques likely to assist in—

a

manufacturing or processing goods or materials,

b

working a source of mineral deposits (including searching for, discovering or testing mineral deposits or obtaining access to them), or

c

carrying out any agricultural, forestry or fishing operations.

5

In subsection (4)—

a

mineral deposits” includes any natural deposits capable of being lifted or extracted from the earth and for this purpose geothermal energy is treated as a natural deposit, and

b

source of mineral deposits” includes a mine, an oil well and a source of geothermal energy.

909Exceptions to charge under section 908

1

Section 908 does not apply in the following cases.

2

Case A is if the consideration is brought into account under section 462 of CAA 2001 (disposal values).

3

Case B is if the consideration is dealt with in relation to the company receiving it as a trading receipt under section 177(2) (disposal of know-how if trade continues to be carried on).

4

Case C is if the consideration is dealt with in relation to the person receiving it as a capital receipt for goodwill under section 178(2) (disposal of know-how as part of disposal of all or part of a trade).

5

Case D is if the disposal of the know-how is by way of a sale and—

a

the buyer is a body of persons over which the seller has control,

b

the seller is a body of persons over which the buyer has control, or

c

the buyer and the seller are both bodies of persons and another person has control over both of them.

6

In subsection (5) “body of persons” includes a firm.

910Profits charged under section 908

1

The profits charged under section 908 are—

a

the amount of the consideration, less

b

any expenditure incurred by the company wholly and exclusively in the acquisition or disposal of the know-how.

2

Such expenditure may not be taken into account more than once, whether under this section or otherwise.

3

This section needs to be read with section 926 (contributions to expenditure).