Part 5Miscellaneous income

Chapter 2Receipts from intellectual property

Charge to tax on non-trading income from intellectual property

582Deductions in calculating certain income charged under section 579

1

This section applies for calculating the amount of income charged under section 579 other than annual payments.

2

Expenses wholly and exclusively incurred for the purpose of generating the income are deductible.

3

If an expense is incurred for more than one purpose, a deduction may be made for any identifiable part or identifiable proportion of the expense which is incurred wholly and exclusively for the purpose of generating the income.

4

Expenses which would not have been allowable as a deduction in calculating the profits of a trade, if they had been incurred for its purposes, are not deductible under this section.

5

Expenses for which any kind of relief is given under any other provision of the Income Tax Acts are not deductible under this section.

6

The relief given under section 600 (relief for expenses: patent income) is additional to the relief under this section.

7

The frequency with which payments are made is ignored in determining whether they are annual payments for the purposes of subsection (1).