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Corporation Tax Act 2010
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There are currently no known outstanding effects for the Corporation Tax Act 2010, Section 357BHB.
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[F1[F2357BHBExcluded incomeU.K.
This section has no associated Explanatory Notes
(1)For the purposes of this Part income falling within either of the Heads set out in the following subsections is not relevant IP income—
(a)subsection (2) (ring fence income),
(b)subsection (3) (income attributable to non-exclusive licences).
(2)Head 1 is income arising from oil extraction activities or oil rights.
In this subsection “oil extraction activities” and “oil rights” have the same meaning as in Part 8 (see sections 272 and 273).
(3)Head 2 is income which on a just and reasonable apportionment is properly attributable to a licence (a “non-exclusive licence”) held by the company which—
(a)is a licence in respect of an item or process, but
(b)is not an exclusive licence in respect of a qualifying IP right.
(4)In a case where—
(a)a company holds an exclusive licence in respect of a qualifying IP right, and
(b)the licence also confers on the company (or on the company and persons authorised by it) any right in respect of the invention otherwise than to the exclusion of all other persons,
the licence is to be treated for the purposes of this Part as if it were two separate licences, one an exclusive licence that does not confer any such rights, and the other a non-exclusive licence conferring those rights.]]
Textual Amendments
F1Pt. 8A inserted (with effect in accordance with Sch. 2 paras. 7, 8 of the amending Act) by Finance Act 2012 (c. 14), Sch. 2 para. 1(1)
F2Pt. 8A Chs. 2A, 2B inserted (with effect in accordance with s. 64(7) of the amending Act) by Finance Act 2016 (c. 24), s. 64(3)
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