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Licensing Fee: Definition, How It Works vs. Royalty, and Examples

File Photo: Licensing Fee: Definition, How It Works vs. Royalty, and Examples
File Photo: Licensing Fee: Definition, How It Works vs. Royalty, and Examples File Photo: Licensing Fee: Definition, How It Works vs. Royalty, and Examples

What is a licensing Fee? 

A particular amount of money is given to another organization in exchange for a license. For instance, to engage in a specific business venture or provide professional services, people or organizations may be required to pay licensing fees to a government organization. In other cases, people or companies must pay licensing fees to use intellectual property belonging to someone else.

The Process of Professional Licensing Fees

A license is often required for many occupations before an individual may carry out their duties. These licenses are often granted upon completing a predetermined number of required training hours or certification exams.

A person is a licensee as soon as they have their license. In the future, they might need to pass more tests, do more coursework, and pay more money to keep their licenses. If it is discovered that they have broken the law or the code of ethics for their profession, their licenses may also be canceled.

Those who wish to conduct business in multiple states may need to obtain licenses from each one of the states that grant these licenses, which state governments frequently issue. For instance, life insurance agents typically hold a license in the state where their company is located or in their home state. However, they can get nonresident licenses to conduct business in other states through reciprocity agreements with other jurisdictions.

The federal government levies license fees on specific company categories and those in the states. To fund its operations, the Nuclear Regulatory Commission, for instance, levies licensing fees on operators of commercial nuclear power plants. Radio and television stations must comply with the Federal Communications Commission. The list is endless.

Professional Licensing Fees: Benefits and Drawbacks

A professional license is intended to provide the public with some comfort that the individuals or businesses engaging in a particular trade or offering a specific product are knowledgeable in their field. Additionally, it can bring in money for government organizations.

However, licensing fees and the time and expense of obtaining the training necessary to qualify for them create entrance barriers to licensed occupations. For instance, to operate their business, hairdressers pay a licensing fee and receive a cosmetology license, which is the price of their services.

How Additional License Fees Operate

A license fee can also be the amount paid to utilize any form of intellectual property, including works protected by copyright, images, or logos belonging to others.

For instance, to sell T-shirts with a specific Major League Baseball team’s emblem, a licensing fee would need to be paid to obtain authorization from both Major League Baseball and the franchise.

A television or film production firm may need to purchase multiple rights to use a specific song on its soundtrack. To get “the right to synchronize a song or a piece of music with your visual image,” the producer must apply for a synchronization license from the American Society of Composers, Authors, and Publishers (ASCAP), which licenses over 16 million songs and scores. It must be acquired from the publisher, typically the music’s copyright owner.

Furthermore, it would require obtaining permission from the relevant music label master to use the “right to reproduce a specific recording of a song.”

In one particularly costly instance, it has been rumored that the “Mad Men” producers paid $250,000 to license the Beatles song “Tomorrow Never Knows” so that Don Draper may hear it in a single scene.

License Charge versus Royalty

The continual, usage-based payment for using a property or asset is called a royalty. Usually, they are determined as a proportion of net profit or gross revenue. On the other hand, licensing rates are typically set in stone.

A few companies also pay royalties in addition to license costs. For instance, to use the franchise’s name and procedures, a franchisee may have to pay the parent franchiser an upfront license fee and recurring royalties based on sales. The average royalties range from 5% to 9% annually, depending on the franchise.

Intellectual Property

Intellectual property is defined as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce” by the World International Property Organization, a United Nations organization. Patents, copyrights, and trademarks legally own and safeguard intellectual property.

Are license fees for professionals tax-deductible?

Typically, sure. “Licenses and regulatory fees for your trade or business paid annually to state or local governments are generally deductible,” the Internal Revenue Service (IRS) states.

It does, however, note that specific licenses and fees could need to be paid back over 180 months. “The IRS states, “For instance, you must amortize the capitalized costs of acquiring (including issuing or renewing) a television or radio broadcasting license, a liquor license, or a taxicab medallion or license.”

Is there a tax deduction for the education needed for a license?

Yes, under certain circumstances, but only if you have prior experience in that sector.

According to the IRS, “You must be able to show that the education upholds or enhances the skills necessary in your line of work or business, or that it is required by law or regulations, to maintain your status, employment, or license to practice.” For instance, a lawyer may write off the expense of taking continuing legal education (CLE) courses that the state bar organization mandates to keep their license to practice law.

The IRS clarifies, “Education expenses you incur to qualify for a new trade or business or to meet the minimum requirements of your present trade or business aren’t deductible.”

Depending on the context, the term “licensing fee” can signify several things, but generally speaking, it refers to money given to another party in exchange for a specific privilege.

For instance, to engage in a particular line of work or practice a specific profession, people or firms frequently have to pay licensing fees to a government agency. In another sense, licensing fees can be defined as the sum of money given to the owner of intellectual property that is patentable, trademarked, or protected by copyright in exchange for the right to use it.

Conclusion

  • A licensing fee is a cost that the government imposes on people who wish to practice a particular profession or operate a particular business.
  • A license fee is also paid to the intellectual property owner (such as a song, an invention, or a brand name) for the right to use that property.
  • Royalties are usage-based payments for asset or property use, whereas license fees are often fixed.

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