Part 9Intellectual property: know-how and patents

Chapter 3Sales of patent rights

Spreading of charge to tax

914UK resident companies: proceeds of sale not received in instalments

1

This section applies if a company liable for tax under section 912—

a

is UK resident, and

b

does not receive the proceeds of sale in instalments.

2

The appropriate fraction of the amount chargeable is taxed—

a

in the accounting period in which the company receives the proceeds of sale (“the period of receipt”), and

b

in successive accounting periods, until the expiry of the 6-year period beginning at the start of the period of receipt.

3

The appropriate fraction is the same fraction of the amount chargeable as the accounting period in question is of 6 years (or, in the last period, such smaller fraction of that amount as has not already been taxed).

4

The company may elect that the whole of the amount chargeable is to be taxed instead in the period of receipt.

5

An election under subsection (4) must be made within the two-year period beginning at the end of the period of receipt.