Sale of patents by companies: long-term capital gains regime applies
Article 14 of the 2008 Finance Act applies the long-term capital gains regime (then a reduced 15% rate) to gains on the sale of a patent, patentable invention or industrial manufacturing process by a company subject to corporate income tax, except between related companies. It also lets an individual inventor who contributes a patent to a company defer taxation of the gain until the shares received are sold, with a one-third reduction per year of holding beyond the fifth. Part I applies to financial years beginning on or after 26 September 2007, Parts II and III to contributions made from that date. The tax regime for patent income was overhauled in 2019.
Measure originators
No official estimate found for this measure.
Measure impact
Companies selling patents to unrelated companies are taxed at the reduced long-term capital gains rate rather than the standard corporate tax rate; inventors contributing a patent to a company defer their tax. The Senate rapporteur general states that no cost estimate could be obtained.
Official references
Sources
Procedure timeline
Follow the progress of this fiscal measure through the different stages of the parliamentary procedure.
President of the Republic signature
Publication au Journal officiel
National Assembly has the final say
Si échec CMP
Joint committee
Désaccord éventuel
Debate and vote
Debate and vote
Débat et vote en séance publique à l'Assemblée nationale, ou engagement de la responsabilité du Gouvernement (article 49.3)
Transmission to National Assembly
Administrative implementation
Entrée en vigueur de la mesure et mise en œuvre par l'administration