7. What is the tax regime for the transfer of your patent as an individual?
Capital gains are taxed at the reduced rate of 16%, provided there is an arm's length relationship between the seller and the buyer.
Capital gains on disposal are determined by deducting patent research and development costs.
The transfer by a natural person of a patent that he or she keeps in his or her private assets gives rise to the payment of a fixed registration fee currently set at 125 euros when :
the concession is recorded in a notarial deed;
the deed of grant issued under private signature is voluntarily submitted to the tax authorities for registration.
No VAT is payable on the sale of patents that form part of an individual's private assets.
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What is the tax regime for the transfer of your patent as an individual?
Bibliography
Taxation of research, industrial property and software , Jean-Luc Pierre, Éditions EFE, 2011
Regulations
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article 39 terdecies , 1
article 93 quater , I
article 256
article 731
article 738
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