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A resident company qualifies for the special tax rate on royalty from a patent developed and registered in India. What is the base income-tax rate on the qualifying royalty, ignoring surcharge and…

Question and options

A resident company qualifies for the special tax rate on royalty from a patent developed and registered in India. What is the base income-tax rate on the qualifying royalty, ignoring surcharge and cess?

  1. 10%

  2. 30%

  3. 20%

  4. 15%

Answer and explanation

Correct answer: A - 10%

Section 194(1), Table item 2, of the Income-tax Act, 2025 taxes a resident patentee's royalty from a patent developed and registered in India at 10%, with no deduction for expenditure; developed means at least 75% of the expenditure on the invention was incurred in India. No higher rate such as 15% or 30% applies to qualifying patent royalty.

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