Part 5Miscellaneous income

Chapter 2Receipts from intellectual property

Supplementary

606Apportionment where property sold together

1

Any reference in this Chapter to the sale of property includes the sale of that property together with other property.

2

In this section—

  • references to property include know-how, and

  • references to the sale of property include the disposal of know-how.

3

For the purposes of subsection (1), all property sold as a result of one bargain is to be treated as sold together even though—

a

separate prices are, or purport to be, agreed for separate items of that property, or

b

there are, or purport to be, separate sales of separate items of that property.

4

If an item of property is sold together with other property, then, for the purposes of the charges under sections 583 and 587—

a

the net proceeds of the sale of that item are treated as being so much of the net proceeds of the sale of all the property as, on a just and reasonable apportionment, is attributable to that item, and

b

the expenditure incurred on the provision or purchase of that item is treated as being so much of the consideration given for all the property as, on a just and reasonable apportionment, is attributable to that item.