Patent Assignment Payment
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Patent Assignment Payment

 
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Victor Roberts
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Posted: Fri Oct 21, 2005 8:00 am    Post subject: Patent Assignment Payment Reply with quote

I'm the sole employee of my C Corp. I just assigned the
patent application for an invention to the corporation for
the nominal sum of $1.00. The last time I did this I worked
for a major corporation and assigned all my intentions to
them, but I don't remember how the assignment payment was
treated.

I assume this $1.00 is normal income and is subject to
federal and state income tax AND Social Security and
Medicare tax. Is this correct?

--
Vic Roberts
Replace xxx with vdr in e-mail address.

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
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<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2005) - All rights reserved. >>
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Stuart A. Bronstein
Guest





Posted: Fri Oct 21, 2005 1:37 pm    Post subject: Re: Patent Assignment Payment Reply with quote

Victor Roberts <xxx@lighting-research.com> wrote:

Quote:
I'm the sole employee of my C Corp. I just assigned the
patent application for an invention to the corporation for
the nominal sum of $1.00. The last time I did this I worked
for a major corporation and assigned all my intentions to
them, but I don't remember how the assignment payment was
treated.

I assume this $1.00 is normal income and is subject to
federal and state income tax AND Social Security and
Medicare tax. Is this correct?

You could have just transferred it to the corporation
in exchange for stock. As long as you own 80% of the
corporation's stock after the transaction, the
transaction isn't recognized for tax purposes.

If you transferred the patent application for some stock
and $1, the cash is fully taxable. But it's not wages
so I don't think it should be subject to social security
and similar taxes.

Stu

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2005) - All rights reserved. >>
<< ======================================================= >>
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