Businesses often pay royalties for the right to use someone else's intellectual property. This can include payments for the use of a patent in a manufacturing process, a copyright for a piece of music or software, or a trade name for a product. These royalty payments are a common cost of doing business.
For accountants and business owners, it's important to know that these payments are a fully deductible business expense. This guide will clarify how to categorize royalties you pay, the important tax rules to follow, and how to track these expenses for accurate compliance.
The royalties you pay for the use of intellectual property in your business are an ordinary and necessary business expense. These costs are not a specific line item on the tax return; instead, they are reported under Other expenses.
On a company's books, these costs should be tracked in a specific account, such as Royalty Expense, to distinguish them from other types of fees and commissions.
The key to handling royalties correctly is to distinguish them from payments for franchises or natural resources, which have different tax treatments.
The rules discussed here apply to payments for the right to use assets, such as patents, copyrights, and trade names. These are generally deductible in the year they are paid or incurred.
It is important not to confuse a simple royalty payment with payments made under a franchise agreement. As detailed in IRS Publication 535, the large upfront fee to acquire a franchise must be capitalized and amortized over 15 years. Ongoing royalty payments made as part of that franchise agreement, however, are typically deductible as a current expense.
Payments made to a property owner for the right to extract natural resources, such as oil, gas, or minerals, are also referred to as royalties. However, these payments are handled under the specific tax rules for depletion, as outlined in IRS Publication 535, and are not treated as a standard royalty expense.
If you pay $10 or more in royalties to an individual, partnership, or LLC (that is not taxed as a corporation) during the year, you are required to report these payments by filing Form 1099-MISC, Miscellaneous Information.
To deduct royalty payments, you must report them correctly and maintain the required documentation.
For a sole proprietor filing a Schedule C (Form 1040), royalty payments are deducted under Part II, Line 27a, Other expenses. List them with a clear description, such as Royalty Payments.
You must have documentary evidence to substantiate all royalty payments. Your records should include:
Fyle helps you manage and document recurring royalty payments, ensuring every cost is captured, coded, and ready for tax and 1099 reporting.