ITA 2007, s 903 imposes a duty to deduct a sum representing income tax on a person making a payment of a patent royalty, or other sum in respect of the use of a patent.
Case law has established that this does not include payments of a capital nature. For commentary on the case law on the distinction between capital and income payments in respect of patents, see B5.330. For commentary on the separate duty to deduct tax from a capital payment to purchase patent rights from a non-UK resident, see A4.442.
The duty to deduct tax under ITA 2007, s 903 does not apply if the payment is a qualifying annual payment1. This ensures, in particular, that a payment by an individual
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