Cost of Patent

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  • Acownt4it
    Senior Member
    • Aug 2005
    • 274

    #1

    Cost of Patent

    Taxpayer has created a drawing for a new mechanical "thingy". He has filed for a patent on this "thingy". It cost him $5000 in 2006.

    Can I show this as a business loss anywhere on his return?

    This "thingy" when finalzed and produced will be business income for him.
    Noel
    "Some cause happiness wherever they go; others, whenever they go."- Oscar Wilde
  • ChEAr$
    Senior Member
    • Dec 2005
    • 3872

    #2
    The "thingy"

    Originally posted by Acownt4it
    Taxpayer has created a drawing for a new mechanical "thingy". He has filed for a patent on this "thingy". It cost him $5000 in 2006.

    Can I show this as a business loss anywhere on his return?

    This "thingy" when finalzed and produced will be business income for him.
    And there's your answer. Patent costs are capitalized and amortized when the "thingy"
    goes on the market.

    But if like my client, who's thingy never made it, his 15,000$ became a capital loss,
    3000 per year.
    ChEAr$,
    Harlan Lunsford, EA n LA

    Comment

    • Acownt4it
      Senior Member
      • Aug 2005
      • 274

      #3
      Thanks

      "Thingy" shows my technical expertise.

      Thank you for the prompt reply, I really wasn't sure what to do with it.
      Noel
      "Some cause happiness wherever they go; others, whenever they go."- Oscar Wilde

      Comment

      • farm girl
        Junior Member
        • Mar 2006
        • 25

        #4
        At what point

        Originally posted by ChEAr$
        But if like my client, who's thingy never made it, his 15,000$ became a capital loss, 3000 per year.
        do you take the capital loss? I have a client that is applying for a patent but doubt that anything will become of it. Do you need to wait until the patent runs out to claim the loss?

        Comment

        • ChEAr$
          Senior Member
          • Dec 2005
          • 3872

          #5
          good question there

          Originally posted by farm girl
          do you take the capital loss? I have a client that is applying for a patent but doubt that anything will become of it. Do you need to wait until the patent runs out to claim the loss?
          In my client's case, his invention never made it to the patent stage. All his "investment"
          went to one of those web based invention ... people who took his money.

          However, if a patent is issued, then all costs go into said patent. So the question then
          becomes at what point after that is the patent worthless? Answer depends on when all
          marketing efforts are fruitless and there's no hope of further success, not necessarily as
          long as the patent lasts. What, 17 years max? Used to be I think.
          ChEAr$,
          Harlan Lunsford, EA n LA

          Comment

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