From:  Joseph
Date:  Thu, 20 Aug 2009

"A professor at a university transferred rights to a patent to the university, as required under his employment contract. The university paid royalties to the professor under a royalty distribution agreement for the transfer of the patent. The IRS National Office ruled that the payments were not compensation for services, but compensation for the transfer of the patent, qualifying as (long-term) capital gains. The right to continued receipt of the payments is not contingent on continued employment with the university, but on the use or value of licensing the patent." (TAM 200249002.)

I am in this situation but it is not clear to me how to report the royalty on my tax return? Which form and how to report.

Answer

Date:  4 Sep 2009

Hello Joseph,

Report the income as royalties for transfer of a patent at Schedule D, Part II (long-term capital gains).

Good luck!

Mike Gray

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