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IT / TDS

Tax Guide

What is the §115BBF patent royalty tax and who qualifies for it?

Key mapping

§115BBF taxes royalty income from eligible patents at a concessional 30% flat rate for resident individual patentees whose patents are developed and registered in India under the Patents Act 1970.

Explanation

Section 115BBF was introduced by the Finance Act 2016 to create a patent box regime in India and incentivise domestic intellectual property development. Eligible taxpayers are resident individuals who are the original grantee or a company that is an Indian company. The patent must have been developed and registered in India under the Patents Act 1970. The royalty income taxed at 30% must arise from the exploitation of the patent right — licensing fees, usage royalties, etc. The rate of 30% may appear high in isolation, but it is beneficial for high-income taxpayers who would otherwise pay the surcharge-laden marginal rate. No deductions or expenditure claims are permitted against this income — it is a gross flat rate. If the taxpayer has both patent royalty and other income, only the patent royalty portion is taxed at 30%; other income follows normal provisions. The section is available under both old and new tax regimes for companies but individual eligibility should be confirmed. Verify on the income-tax portal before filing.

Related terms and sections

patent royaltypatent box30% taxresident patenteePatents ActIP regime

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Related sections

IT Act 2025 Section Mapper →All IT Act changes →

All section references are sourced from the Income Tax Act 2025 (official gazette, incometaxindia.gov.in) and cross-referenced against CBDT's comparative statement. Always verify on the official portal before filing. This page is for reference only and does not constitute legal or tax advice.