1. How to pay taxes on patent licensing income
1. Patent rights, The national patent authority grants the patent applicant or his successor the exclusive right to implement his invention within a certain period of time. For patent rights, many countries will only make them available for others to use. The income obtained is included in royalties, while the income from the transfer of patent rights is included in the taxable objects of capital gains tax. Our country has not levied capital gains tax, so the income obtained by individuals from providing and transferring patent rights is included in the royalties and is subject to personal income tax.
2. Legal basis:
"Regulations on the Implementation of the Individual Income Tax Law of the People's Republic of China" It is stipulated that income from royalties refers to the income obtained by individuals from providing the right to use patent rights, trademark rights, copyrights, non-patented technologies and other franchises. If technology patents are used by other enterprises, personal income tax shall be levied on the income derived from “royalties”. For royalties, if the income does not exceed 4,000 yuan each time, 800 yuan will be deducted as expenses; if it exceeds 4,000 yuan, 20% of the expenses will be deducted, and the balance shall be taxable income, with a tax rate of 20 %.
2. Does the patent license need to be filed with the Patent Office?
1. Patent licenses do not have to be filed with the State Intellectual Property Office. Regardless of whether the patent license contract is filed or not, it will not affect the validity of the contract itself. In other words, the filing of patent licensing contracts is not a mandatory requirement of the law; filing is just a way for the state to manage patent licensing activities.
2. Legal basis:
"Regulations of the People's Republic of China on the Recording of Patent Implementation Licensing Contracts" Article 8 When applying for the filing of a patent exploitation license contract, the following documents shall be submitted: (1) Patent exploitation license signed or stamped by the licensor or the patent agency entrusted by itContract filing application form;
(2) Patent implementation license contract;
(3 ) Identity certificates of both parties;
(4) If a patent agency is entrusted, a power of attorney indicating the entrustment authority;
(5) Other materials that need to be provided.
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