17 May 2011 External T.I. 2010-0391651E5 - Royalty payment in IP -- summary under Subsection 5(1)

A faculty member employed by the university generates IP in performing research in the course of that employment, which is assigned to the university in consideration for a share of any royalties that are generated as a result of the university’s commercialization of that IP. CRA stated

Where the rights to the IP belong to the University and the University flows part of the royalty to the Faculty, the royalty payment will be considered employment income since the IP was developed in the course of the Faculty's employment and the ownership of the IP belongs to the University (the employer).

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