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Home / Simons-Taxes /Personal and employment tax /Part E3 Reliefs for investors /Division E3.1 Enterprise investment scheme /Qualifying business activities / E3.148 Excluded activities—royalties and licence fees
Commentary

E3.148 Excluded activities—royalties and licence fees

Personal and employment tax

In general the receipt of royalties or licence fees is an excluded activity that is not a qualifying trade for the purposes of EIS (see E3.142)1.

Definition of royalties and licence fees

TermCommentary
RoyaltiesRoyalties are received where property rights such as copyright or design rights are exploited in trade, by granting permission for their use (eg the grant by a publisher of the right to publish a book in return for royalties based on sales). Where the receipt of royalties is not a substantial part of the trade the trade does not become an excluded activity2.
Licence feesLicence fees are received where certain kinds of property rights are exploited in trade, by allowing others to use the property (eg by operating a car park).
However, if the use of the property is incidental to the supply of services then the activity may not be an excluded trade3.
Letting out a sports facility by the hour would be a non-qualifying activity, but HMRC accept that payments for admission

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