Section 67M: Tax credit to medical, biotechnology or
This section is inserted by Act No 15 of 2021, section 38.
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
67M. Tax credit to medical, biotechnology or
pharmaceutical companies
(1) Subject to this section, where a manufacturing
company engaged in medical, biotechnology or pharmaceutical
sector has incurred in an income year capital expenditure for
the acquisition of patents, it shall be allowed a tax credit by
way of deduction from the income tax otherwise payable
by it of an amount equal to 100 per cent of the expenditure
so incurred.
(2) Subject to subsection (3), where the deduction
under subsection (1) in respect of an income year exceeds
the amount of income tax otherwise payable for that income
year, the excess may be carried forward to the following
income year.
(3) No deduction under subsection (2) in respect of
an expenditure shall be carried forward beyond a period of
5 consecutive income years starting from the income year in
which the expenditure was made.
(4) Where a tax credit under subsection (1) has for
any income year been allowed and within 5 years following
that income year –
(a) the company ceases to be engaged wholly
or mainly in the qualifying activity; or
342 Acts 2021
(b) the company sells or otherwise transfers
the patent,
an amount equal to the tax credit or the proportionate part of
the tax credit allowed under this section shall be included in
the income tax payable by the company in the income year in
which the cessation, sale or transfer takes place.
(5) The tax credit allowed under this section shall be
in addition to the allowances to which the company is entitled
under section 63.
(6) No tax credit shall be allowed under this section
to a company where a deduction under section 67K has been
claimed.
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Questions this section answers
- Can a medical or pharmaceutical manufacturing company get a full tax credit for money spent buying patents?
- What happens to my patent tax credit if I sell the patent within 5 years?