Income Tax (Trading and Other Income) Act 2005
2005 CHAPTER 5
Commentary on Sections
Part 2: Trading income
Chapter 5: Trade profits: rules allowing deductions
Section 89: Expenses connected with patents
362.This section allows a deduction for expenses connected with patents. It is based on section 83 of ICTA.
363.Subsection (1) sets out the expenses that are allowable. The deduction is on the basis of expenses incurred. This relaxes any requirement in the source legislation that fees have to be paid before a deduction can be made. See Change 23 in Annex 1.
364.Subsection (2) establishes that the rule in this section is an exception to the general rule in section 56.
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