Intellectual Property Taxation in India: Need for a Comprehensive Policy and Law

Abstract:     
Taxation of goods, services and income is a concept that has been prevalent for a long time, all over the world. Different categories are taxed with different objectives and purpose. Sometimes economies may want to discourage the use of foreign goods within their countries and consequently therefore the tax on imported goods will be high. However, interestingly, taxing of intellectual property is a recent phenomenon across the globe. Developments in science and technology and rapid communication have made it accessible to every country. In India intellectual property is taxed in many ways, though indirectly. This paper examines various provisions of intellectual property taxation under different legislations in India. It argues that the lack of a comprehensive policy on intellectual property taxation acts as a disincentive to technology transfer and IP creation in India.

Keywords: Intellectual Property, IP taxation, India, income tax, sales tax, value added tax, customs duties, central excise and stamp duty

Working Paper Series