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Level 5
May 14, 2020
Question

Patent Expenses

  • May 14, 2020
  • 15 replies
  • 138 views

TP has had expenses applying for a Patent.  I have read many articles on the subject.  

What I read was TP can deduct the expenses in the year occurred or elected to amortize them over 15 years?

Also, if the expenses can be deducted, are legal fee included in amounts to be deducted or do they have to be amortized?

Is that correct?   The TP don't have any income.  The business depends on the Patent.

Thanks in Advance!

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15 replies

Level 6
May 14, 2020

Sounds like start-up costs.

yeknodAuthor
Level 5
May 14, 2020

I found this:

"If you decide to amortize your patent rather than deduct expenses in the first year they were incurred, the patent falls under the category of intangibles for IRS purposes. These expenses are usually amortized or written off over the period for which the asset is in use, generally for 15 years. Amortization is similar to depreciation and may end up saving you money instead of choosing to deduct all expenses in one year. Consult with an accountant experienced in patent law to decide whether amortization or deduction makes the most sense for you."

Level 6
May 14, 2020

Start-up costs are intangibles and what you found states to consult an accountant familiar with patents.  I think there is your answer.

Just-Lisa-Now-
Intuit Community Champion
May 14, 2020

So the business hasn't begun yet?  So would those become start up expenses in the year the business actually starts?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
yeknodAuthor
Level 5
May 14, 2020

I found this:

"Looking For Deductions and Exclusions
When it comes to tax treatment of patent costs, many related expenses are deductible, including attorney’s fees. Such legal fees are considered part of research and experimental costs, as defined by the IRS. Other deductible expenses include the costs of applying for the patent and the research required for patent development. If you had to hire outside experts, like an engineering firm, to develop the patent, those expenses, including salaries, are deductible as well. The cost of the materials used in creating the patent are also deductible expenses."

Just-Lisa-Now-
Intuit Community Champion
May 14, 2020

This is all assuming youre "in business"....sounds like the business hasn't really started yet....  are they selling something or offering services?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪