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Dáil Éireann díospóireacht -
Wednesday, 15 Apr 1959

Vol. 174 No. 3

Financial Resolutions. - Resolution No. 4—Income Tax, Sur-tax and Corporation Profits Tax.

I move:—

That where provision is made by the Act giving effect to this Resolution for the granting of allowances, for the purposes of income tax (including sur-tax) and of corporation profits tax, in respect of capital expenditure incurred on the purchase of patent rights, there shall be authorised a charge to income tax (including sur-tax) and, where appropriate, to corporation profits tax, in relation to capital sums received in respect of the sale of patent rights.

This is in regard to getting exemption from income tax on the money paid for patents. I announced that the amount paid on the purchase of a patent would be free from income tax in future but, conversely, we must charge the person who sells the patent. This really deals with the person who sells the patent.

Does that mean that if a person earns a certain amount in a year and out of that sum pays for a patent, in assessing his income tax, the amount of his earnings will be reduced by the amount of the money he pays for the patent?

This would be as part of his business, if he were to purchase a patent.

Does it apply to a private person?

Take the case of a regular patent agent.

If a person buys a patent, the amount he pays for the patent is free of income tax. We charge the person who sells with income tax under this Resolution.

Suppose my occupation, as an individual, is a gardener and I have a patent which I sell.

It would apply. If you were an inventor and owned a patent, this would apply.

If I have a patent and sell it, I am liable to pay income tax on the amount?

You are.

I take it that this is only the bare Resolution and that the Finance Bill will include provisions for averaging that sale over the years in which the man was preparing his patent, so to speak? Authors have that right.

It will probably be averaged over six years.

There will be some averaging clause in the Finance Bill?

We can argue over it then.

Resolution put and agreed to.
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