Taxes Consolidation Act 1997 section 758

Relief for expenses

Section 758 provides for tax relief in respect of fees and expenses incurred in devising a patented invention and in obtaining or extending a patent.

  • Traders may deduct patent-related fees and expenses in computing trading profits, overriding the general prohibition in section 81.
  • Non-traders receive an allowance equal to the fees or expenses incurred in obtaining, maintaining or extending a patent, given for the chargeable period in which the expenditure arises.
  • An individual who actually devised a patented invention may claim an allowance for the net expenses of devising it, given for the year of assessment in which those expenses were incurred.
  • Expenses relieved under this section cannot also be claimed under any other provision of the Tax Acts.

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