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Section 80RRB was introduced to ensure that someone who has done exceptional work gets their reward. In order to encourage individuals to keep producing good work, this section allows them to claim deductions in their income tax against payments received as royalty.
As a lawful citizen of India, you have the right to pursue any legal occupation or vocation to generate income. There are multiple avenues from which you can make money including business or employment. One such source of income for many citizens is Royalty payments. Royalty is an amount paid to a person by another party against the usage of certain work produced by the recipient.
This could include books, art, music, inventions etc. Royalty payments are usually recurring and can range from a specified period until the death of the recipient. If you also fall under this category and receive royalty payments against your work, you can claim deductions under Section 80RRB of the Income Tax Act, 1961.
One must satisfy the following criteria for claiming deductions against Section 80RRB:
(i) The individual claiming the deduction should be a resident of India.
(ii) Only those individuals that hold an original patent are eligible to apply for deduction under Section 80RRB. If any individual does not hold the original patent, he/she cannot apply for this deduction.
(iii) The patent against which the royalty has been received must be registered under the Patent Act, 1970. The said patent must have been registered on or after 1st April 2003.
Indians are regarded as the most innovative brains in the world. Therefore, it is not uncommon to come across new innovations regularly. These innovators don’t just make life easier for Indian citizens but also for the world as a whole. The innovators apply for patents with relevant authorities, which confers on them the right to use the innovation for a given time period.
A patent is also known as an intellectual property right and ensures the innovator that their rights are protected. This allows the innovator to monetize his/her innovation and generate regular incomes from the same. When an innovator gives another person or entity the rights to use the patented innovation, in return they receive a regular payment.
This payment is known as a Royalty payment. Usually, what happens is that the innovators do not have the means to develop their idea into an effective offering. In such a situation, an individual or entity takes the rights to use that innovation and then develops it into an effective product. In such a situation, that entity will pay the innovator a royalty amount against the rights to use the innovation commercially. It might be a fixed amount every year or a certain percentage of sales for a given period of time.
As specified earlier, the income received from Royalties is eligible for deductions under Section 80RRB. Following are some crucial points to be noted regarding this deduction: –
(i) One can claim a deduction of up to Rs. 3.00 Lakhs against royalty payments. This amount is the maximum amount that can be claimed as a deduction. If the actual royalties received are less than Rs. 3 Lakhs, then only that much amount would be eligible for deduction.
(ii) In case the individual has another source of income, then only the amount received as royalty can be claimed as a deduction.
(iii) Only original patent holders can claim the deduction under Section 80RRB.
(iv) If the royalty payments are received from a foreign country, then the deduction can be claimed only with respect to the royalty payments received within 6 months of the completion of the financial year in which the income is earned.
(v) It is important to produce documentary evidence of the royalty payments otherwise the claim could be rejected.
(vi) This deduction is only available for resident individuals i.e. HUF or Non-residents cannot claim this deduction.
(vii) The amount of royalty is usually settled between two parties as per a mutual agreement.
But in certain cases, the Government might grant a compulsory license to use the patent, in public interest. In such a scenario, the Controller of Patents of the Government will settle the amount of royalty payable. In this case, the deduction claimed cannot be more than the settlement amount. If you are also an innovator and hold a patent from the government for your innovation, then you can also claim deduction under Section 80 RRB and save on your taxation liabilities.