Service Tax on Copy right

[Sanjeev Sharma]

As per Section 65(55a) of Finance Act, 1994 “Intellectual Property Right” means any right to intangible property, namely, trade marks, designs, patents or any other similar intangible property, under any law for the time being in force, but does not include copyright'

Is there would be any impact on taxability of income from copyright by introduction of negative list.

[Radha Arun]

Though not covered in the negative list, copyright is exempted from service tax under s.no. 15 of notificaiton 12/2012-ST dated 17 March 2012.

[Meenu Garg]

To my veiw from now on copyright on original literary, dramatics, musical & artistic work and recording of cinematographic films are not taxable under service tax, whereas the copyright on sound recording is still taxable service.

AI Summary

Copyright taxability clarified: most copyrights exempt from service tax, including original works and film recordings, while sound recordings remain taxable. Whether copyright falls within taxable Intellectual Property Right services and how the negative list affects taxability. Administrative guidance exempts copyright in original literary, dramatic, musical and artistic works and recordings of cinematographic films from service tax, while copyright in sound recordings remains taxable.