GNLegal’s Post

Capital versus Revenue A lump sum payment received for the grant of a patent licence for a term of years may be a capital and not a revenue receipt; whether or not it is so must depend on any particular facts which, in the particular case, may throw light upon its real character, including, of course, the terms of the agreement under which the licence is granted. If the lump sum is arrived at by reference to some anticipated quantum of user it will normally be income in the hands of the recipient. If it is not, and if there is nothing else in the case which points to an income character it must be regarded as capital. This distinction is in some respects analogous to the familiar and perhaps equally fine distinction between payments of a purchase price by instalments and payment of a purchase price by way of an annuity over a period of years. - Commissioners of Inland Revenue v. British Salmson Aero Engines, Ltd., 22 T.C. 29

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