Patent box anti-avoidance provisions

Produced by Tolley
Patent box anti-avoidance provisions

The following Corporation Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:

  • Patent box anti-avoidance provisions
  • Exclusive licences
  • Incorporation of qualifying items
  • Tax advantage schemes

Exclusive licences

In order for a licence to satisfy the conditions required for the preferential patent box treatment, the rights available under the licence must be conferred to the licensee to the exclusion of all others. However, an exclusive licence will not qualify for patent box treatment where the main purpose or one of the main purposes of conferring the rights under the licence is to secure that the licence is an exclusive licence for patent box purposes.

HMRC has confirmed that this anti-avoidance provision will not apply where there is a genuine commercial re-negotiation of the terms of

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