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Payment of licence fee

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(Querist)
18 February 2008 What type of taxes applicable on the payment of licience fee payable to any indian company who had invented the process technolgy and patented.

Also tell us if the payment is in the form of Royalty.

If the liability to pay tax is on account the licencee, how to calculate the tax.
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Dayal

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Dayal (Expert)
19 February 2008 If the patent is being sold under IPR then no service tax is payable on license fee, it is merely attract VAT in the appropriate state.

If the license fee is for use and transfer of technology then too, VAT would be applicable.
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Jitender

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Jitender (Expert)
19 February 2008 cess tax by technology deptt. & tds in income tax is also payable.
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