What is a royalty?
Royalties are remuneration paid for the use of intellectual property such as copyrights, patents, trademarks and know-how. For example, it could be a fee for using a song, software, or a secret formula.
How are royalties taxed in Georgia?
Royalty tax in Georgia depends on several factors:
- Residence of the payer: Whether the company paying the royalties is a resident of Georgia or not.
- Residence of the recipient: Whether you, as the recipient of the royalties, are a resident of Georgia or not.
- Presence of a permanent establishment: Whether the company paying the royalties has a permanent establishment in Georgia.
Basic rules for taxation of royalties
- If the company paying the royalties is a non-resident of Georgia and does not have a permanent establishment in Georgia, then a tax of 5% is withheld from the royalty amount.
- If the company, paying the royalties is a resident of Georgia, and you are a resident of Georgia, then a tax of 20% is withheld from the royalty amount.
- If the company paying the royalties is a resident of Georgia, and you are a non-resident of Georgia, then a tax of 5% is withheld from the royalty amount.
Important to understand
- The tax is withheld by the royalty payer. You do not need to pay this tax yourself.
- The amount of withheld tax is reflected in your tax return.
Example: Imagine that you, as a resident of Russia, created a mobile application and sold a license for its use to a Georgian company. This company will withhold 5% of the royalty amount and transfer it to the Georgian tax service.
What to do if you received royalties?
- Keep all documents related to the payment of royalties: contracts, payment documents, etc.
- Include information about the royalties received in your tax return.
- If you are a resident of Georgia and received royalties from which a 20% tax was withheld, you can claim the right to offset this tax when calculating other taxes.
When to consult a tax advisor?
If you have difficulties understanding the taxation of royalties in Georgia or your situation is non-standard, it is recommended to consult a tax advisor.