Are trademark registration fees tax deductible [Expert Advice]

Last updated : Sept 16, 2022
Written by : Tifany Vanallen
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Are trademark registration fees tax deductible

Are fees paid for tax deductible?

You can only claim the amount of the fee that was accrued by preparing the business portion of your taxes. The rest, including the standard deduction, personal deductions, and credits fall into personal expense.

Are trademark costs tax deductible Australia?

Unfortunately, the answer is no! Expenditure relating to the establishment of a trademark should generally be treated as being capital in nature and should not be deductible. … The costs associated with registering a trademark will become a capital cost of starting your business.

Is a trademark an asset?

Goodwill, brand recognition and intellectual property, such as patents, trademarks, and copyrights, are all intangible assets. Intangible assets exist in opposition to tangible assets, which include land, vehicles, equipment, and inventory.

Is trademark tax deductible in Malaysia?

Capital expenditure on acquiring proprietary rights such as patents, industrial design/trademarks is allowed as deduction of 20% on the cost of the acquisition of the proprietary rights for 5 years. Technology assets, including software can be depreciated for tax purposes in 2.5 years.

What kind of legal expenses are tax-deductible?

Legal fees for tax advice are deductible, and any tax qualifies: income, estate, gift, property, excise or sales and use tax. The fees may involve tax planning or controversies, and even fees for purely personal tax advice qualify (as miscellaneous itemized deductions).

Can you write off credit card fees for business?

According to the IRS, any business that faces fees from a credit card company for the service of processing charges is eligible to deduct these fees from their taxable income. Although the percentage taken may be small, the charges will accumulate over time and are well worth looking into when doing your bookkeeping.

Is trademark an asset or expense?

Trademark is an intangible asset that protects others from using a business's name, logo, or other branding items.

Are trademarks depreciable?

For the reasons discussed above, the U.S. trademark is not depreciable or amortizable by the Taxpayer or Corp X under sections 167 or 197. Corp X, Taxpayer, and Corp Z are members of the same controlled entity as defined in section 1239(c)(1)(A) and, consequently, are related persons under section 1239(b)(1).

Can trademarks be amortized?

Usually, intangible assets are amortized over a period of their expected useful life. However, trademarks are not amortized since they retain their value forever.

Can you expense trademark costs?

Your Registered Trademark and Its Tax Implications You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the "income tax basis", which is the reference point for determining tax liability upon sale and depreciation deductions.

What kind of expense is a trademark?

If you pay franchise, trademark, or trade names fees, these costs generally are considered deductible business expenses. Entrepreneurs who launch entirely new businesses may incur tradename or trademark fees as they attempt to uniquely identify their business and / or their products.

What are the expense for a trademark?

The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.

Is intangible asset tax deductible?

Intangible assets are a type of business property that has no physical form, including copyrights, patents, and trademarks. They have value to your business, not only because you can use them for profit, but because you can deduct the cost over several years as a way to cut your tax bill.

Do intangible assets get capital allowances?

A company may claim capital allowances for capital expenditure. This must be incurred on specified intangible assets against the income from 'relevant activities' of a company. Examples of specified intangible assets include patents, copyrights, trademarks and know-how.

What is further deduction?

Further deductions are given for expenses which are of a revenue nature. and allowable under section 33 ITA 1967.

Are legal fees tax deductible in 2022?

Any legal fees that are related to personal issues can't be included in your itemized deductions. According to the IRS, these fees include: Fees related to nonbusiness tax issues or tax advice. Fees that you pay in connection with the determination, collection or refund of any taxes.

What type of expense is legal fees?

The legal fees Ira pays Jake are a deductible business expense. Legal and professional fees that you pay for personal purposes generally are not deductible. For example, you can't deduct the legal fees you incur if you get divorced or you sue someone for a traffic accident injury.

What is included in legal and professional fees?

Legal Fee Tax Deductions. Business owners can deduct legal and professional fees to the extent they are an ordinary part of and necessary to operations. Legal and professional services is a broad category that generally includes expenses for your lawyer, accountant and any other professional consultants you may hire.

Are Square fees a tax write off?

Fees and interest Did you pay interest on a loan, or pay transaction fees to a payment processor like Square? Those fees are generally tax deductible.

Are LLC renewal fees tax deductible?

Is the annual tax deductible? No, the annual tax is not deductible. Is the limited liability company fee deductible? Generally, the limited liability fee is considered a deductible ordinary and necessary business expense.

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Are trademark registration fees tax deductible

Comment by Dee Widen

hey what's up everybody this is attorney dan nguyen and today i want to talk about trademarks and whether trademark costs are tax deductible so i don't profess to be a tax attorney or cpa or an enroll agent or a tax professional but i do have being a business owner and having dealt with taxes um on a tangential basis i think i can do my best to answer this question but first you gotta understand what what the irs uses as a standard for what can be tax deductible now generally speaking and this is what i found on the irs website you know it has to be ordinary and necessary okay and so then you get to ask hey what's ordinary and necessary that is common and acceptable in your particular industry in my opinion and i think most most accountants uh tax professionals agree that legal fees and trademark costs are tax deductible okay and so uh it is a furtherance of your business it is something that you are protecting for your business and so i think certainly it is ordinary and necessary for your business and are tax deductible so uh you know if you are a business owner looking to um protect your business name your logo or slogan and uh you know get want to get a tax deduction as a bonus feel free to reach out to us and we can see um you know how we can help you okay this is dan talk to you soon bye

Thanks for your comment Dee Widen, have a nice day.
- Tifany Vanallen, Staff Member

Comment by Arnulfo

hello friends you are tuned in to the supreme court historian youtube channel this is going to be our first ever tax law decision and also our collections first ever intellectual property law decision this is the commissioner of income tax bombay versus finlay mills limited decided by the supreme court on the 1st of october 1951 the case revolves around three concepts the concept of a trademark and what is its registration what does it amount to and the concepts of revenue expenditure and capital expenditure so let us discuss these three concepts at the outset in a very brief manner by giving illustrations so the first thing that we will discuss is the concept of a trademark which is basically what we uh call a brand name for example so as an illustration let's take let's take this channel supreme court historian i have named this uh channel supreme court historian and i'm uploading videos on this particular subject under this channel heading what if somebody else creates that same name and starts uploading videos as well do i have any legal remedy against this other person the remedy is if i had already registered my channel name as a trademark then nobody else can use it so i can prevent other people from using my brand name and to do that i have to register my channel name as a trademark in order to register as a trademark i obviously have to pay the government some sort of fee some sort of expense has to be incurred by me now what does this income fall under when i file my tax returns is it a revenue expenditure or is it a capital expenditure i am assuming now that i am a company a company incurs certain operational expenses periodically such as paying salaries to its employees or maintaining its offices and premises stuff like that all of that falls under revenue expenditure on the other hand um larger expenses which are not periodical which are uh which are what we call once and for all those expenses which result in the generation or creation of an asset such as buying land or building a factory or buying machinery all of these are assets belonging to the company and the expenses incurred in creating these assets they fall under capital expenditure and it is these three concepts around which cit bombay versus finlay mills revolves the facts are as follows 1943-44 and 1944-45 assessment years the tax returns filed by finlay mills for these two tax for these two assessment years contained certain entries under revenue expenditure these entries related to the expenses that finlay mills had had paid in order to register their trademark these expenses had been incurred by by way of the fee that they paid to the patents office in order to create these these trademarks and according to finlay mills this money that they spend should fall under revenue expenditure the tax department disagreed according to the interpretation of the income tax department the money paid for registering your trademarks should fall under capital expenditure according to the tax department represented in this situation by the commissioner of income tax bombay according to them the registering of a trademark results in the creation of an asset according to them a trademark is basically an asset according to finlay mills the trademark is just your regular operating expense so this uh particular question had to be decided by obviously the judicial authorities which happened to be in uh income tax cases it was the jurisdiction was held by the income tax tribunal which found in favor of finlay mills the income tax tribunal said that indeed trademark registration fees fall under revenue expenditure for this purpose for arriving at this decision the income tax tribunal had relied on a bombay high court judgment uh that had come on the 2nd of september 1946 cit bombay versus century spinning and weaving century spinning and weaving was another textile mill in bombay just like finlay mills was a textile mills in bombay obviously the trademarks that both of them had registered must have been the name of the fabric that they had they had been manufacturing something like raymond or vimal or something like that i'm not very well informed in these matters so anyway uh the cit bombay versus century spinning and weaving was relied upon by the income tax tribunal but cit bombay wanted to overturn this decision so they asked the income tax tribunal to pose this question to the bombay high court again basically they wanted the bombay high court to overturn its own decision that it had given in the century spinning and weaving case on 23rd march 1949 the bombay high court refused to overturn and instead reaffirmed its decision in the century spinning and weaving case thus upholding the income tax tribunal's decision as well the bombay high court basically once again reiterated that trademark registration fees fall under revenue expenditure and the cit bombay decided to appeal this to the supreme court obviously if you have to overturn that decision it has to go to the supreme court the case was heard by a three judgment chief justice and justices mahajan and and chandra shekhar ayer the bench basically had to then ah figure out the import of these three concepts what is really a trademark and what does its registration amount to what is capital diff expenditure and how does it differ from revenue expenditure the cit was represented by the attorney general mcc talwad and he made this argument he relied on an old house of lords judgment british insulated and health b cables versus arthritis happened to be the name of the income tax commissioner in in britain in whatever part of britain this was being contested the house of lords laid down the principles of differentiating between capital expenditure and revenue expenditure and to quote lord caves pretty immortal words when an expenditure is made not only once and for all but with a view to bringing into existence an asset or an advantage for the enduring benefit of the trade there is very good reason for treating such an expenditure as properly attributable not to revenue but to capital so let's break this uh lengthy and informative sentence into bullet points the first point is basically when you try to differentiate how will you define a particular expenditure as expenditure according to lord cave it should fulfill the following criteria first of all it should be an expenditure that is made once and for all it should not be a recurring perpetual expenditure that you have to make like salary for example right salary quite clearly falls under revenue expenditure or operating expenses and not capital expenditure so this should be the kind of expense you do expense you incur only once and once and for all like you buy that particular piece of land once you have to keep on buying that land over and over again you build that particular factory once and for all so these kind of expenses have to be capital expenditure but that is just one of the criteria the next criterion according to lord gave is that this expenditure expenditure should be made with a view to bringing into existence an asset or an advantage an asset should be creat

Thanks Arnulfo your participation is very much appreciated
- Tifany Vanallen

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