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Patent-related tax scheme
Source: accounting net, China, 2007-1-13 00: 00.
According to China's individual income tax law, the income from royalties refers to the income obtained by individuals providing the right to use patents, trademarks, copyrights, non-patented technologies, etc. The income from providing the right to use copyright does not include the income from remuneration.
Patent right is a valuable intangible asset. Whether the owner directly transfers this asset to get cash or regards it as an investment is more cost-effective, and there is also a question of tax planning. Generally speaking, the treatment of patent rights can have the following options:
1. Direct sale of patent rights to obtain income;
2. Individuals set up a sole proprietorship enterprise with intangible assets;
3. Partnership with others or investment in shares on the basis of patent right.
For the above three treatment methods, the tax effect is different.
For example, an expert made an invention, and after the patent was published, several companies were willing to buy the patent at a price of not less than100000 yuan, and some other companies wanted to cooperate with him in running the industry. As the owner of the patent right, how should I make a decision at this time? Here I make a financial analysis from the perspective of taxation, and there are the following schemes.
Option 1: direct realization. If the patent is directly transferred to get cash, the income can be 6.5438+million yuan, but the relevant taxes should be paid at the same time.
According to the relevant laws and regulations on business tax, the transfer of patent rights belongs to the transfer of intangible assets, and business tax should be paid at a rate of 5%. However, according to the provisions of Caishuizi [1999] No.273, taxpayers can be exempted from tax by performing relevant procedures, but the procedures are complicated and take a long time.
According to the relevant provisions of personal income tax laws and regulations, the transfer of patent rights belongs to royalties and should be subject to personal income tax. Income from royalties refers to the taxable income after deducting the prescribed expenses from the income obtained by individuals every time, in a fixed amount or at a fixed rate. Because the owner's income has exceeded 4000 yuan at one time, 20% of the expenses should be deducted. Therefore, the tax payable by the patentee is [1000-1000× 20% ]× 20% =160 (ten thousand yuan). After paying personal income tax, his actual income was 8.4 million yuan. This is the patent transfer income he really owns.
Option 2: Invest in a sole proprietorship enterprise. If experts turn their patents into capital by investing in factories and then earn income by selling products, the situation will change. Because they are newly established enterprises, most of them can enjoy certain tax relief. In terms of taxation; Compared with the first scheme, his personal income tax is bound to be greatly reduced.
The advantage of this scheme is that his assets have been preserved and increased through the operation process, which has produced long-term economic benefits. Of course, there are conditions: first, there must be support from other funds; Second, they should have their own management ability; The third is to have other necessary conditions.
Option 3: Invest in a joint venture. If you can't operate independently, choose to cooperate with others, the inventor develops technology (patent), and others invest to set up a limited liability company. As long as the proportion of patent rights in enterprise capital is agreed in advance, profits can be distributed according to their respective proportions under the normal production and operation of enterprises.
The capital equivalent to its patent right is 6,543,800,000 yuan, which will be amortized into the product cost during the operation period and recovered through the sales revenue of the product. In addition to the taxes that the enterprise should bear, he only needs to bear the personal income tax when investing dividends, and his capital share does not need to bear other taxes before the transfer.
Those who choose to own shares in a joint stock limited company shall, in accordance with the relevant laws and regulations on business tax, invest in shares with intangible assets, participate in the profit distribution of investors, bear the investment risks and do not pay business tax. He provides the patent right to other companies and owns the equity of the company. Because the income realized by the equity is uncertain and risky, it belongs to investing in intangible assets and is exempt from business tax, so he does not have to bear business tax.
At the same time, he can get the profit corresponding to the equity of 6,543,800 yuan from the company's after-tax profit every year. As for how much, it depends on the after-tax profit of the company. But as long as the company exists, he does not transfer the equity, and the income is long-term. Of course, this part of income, as dividends and bonuses obtained from ownership, should be subject to personal income tax at the rate of 20%.
As a joint-stock company, the owner's equity is expressed in shares, usually in shares. Once listed, he can have two advantages. First, the stock he holds may appreciate, not only 654.38+million yuan; Second, after listing, it is easier to cash out the shares held. According to the laws and regulations related to personal income tax, the share transfer is temporarily exempted from personal income tax. Therefore, under such circumstances, his shares of 6,543,800,000 yuan can not only preserve and increase the value, but also need not bear the tax of Scheme I.. In this way, both patent income and operating income can be obtained, and the tax burden may be lighter than that of a single patent transfer.
The advantages and disadvantages of the three schemes are obvious. Option 1 is essentially simple and risk-free. After paying taxes, you can actually take a lot of money and use it to do what you want. However, its tax burden is too heavy, its income is fixed, and its appreciation is hopeless. From the tax point of view, the tax burden of the second and third schemes is relatively light, and it is possible to appreciate, but the risks are also great and there are many uncertainties. Inventors can choose according to their own conditions.