Tax Implications for Intellectual Property Transactions

About the Course:

Is your firm at risk of being penalized by the Internal Revenue Service for mischaracterizing intellectual property transactions or for reporting unsupportable royalty rates? Is your firm paying more taxes than necessary subsequent to consummating intellectual property transactions? Could a heightened awareness of tax issues help you better structure your patent sales or licensing transactions, saving both parties tax dollars and therefore resolving stalemated negotiations? If your answers to any of these questions is “yes”, you really need to listen to this unique and highly informative webinar.

The following are among the issues discussed in this webinar:

• The criteria that may trigger the FBI pursuing criminal charges in connection with trade secret misappropriation.
• Under what circumstances can transactions involving various patent family members be reported differently–such as patent sales versus patent licensing–for tax purposes?
• What can trigger “super royalties” under Section 367(d) of the Internal Revenue Code? What are the consequences of such “super royalties” and how long can “super royalties” be imposed?
• How must transactions be structured to avail patent owners of Foreign Derived Intangible Income treatment? If successful, what tax rates will such royalty revenues be subject to?
• Under which conditions might individuals be able to deduct 20% of the tax imposed on royalty revenue?
• How might you be affected by withholding taxes imposed on royalties remitted to US citizens by non-US citizens? What is the impact of foreign tax credits?
• What should you be aware of in connection with tax deferral strategies associated with intellectual property placed in offshore jurisdictions? What are the consequences of Subpart F determinations? Where do the intersections with controlled foreign corporations lie? What is the impact of majority ownership by non-US persons? How are “active licensing” and “active marketing” defined?
• How should your intellectual property transactions be structured in light of “Global Intangible Low-Taxed Income” and “Qualified Business Asset Investment” issues?
• Which set of conditions must be met to avail one’s self of Section 1235 treatment?

Course Leaders: Phyllis A. Guillory, Shareholder, Chamberlain, Hrdlicka, White, Williams & Aughtry

Ms. Guillory has had over 20 years of cross-border transaction experience. She has helped to launch international businesses, advises on local and overseas tax effects, personnel issues, choice of business entity and reorganization of business structure to minimize tax liability. She also assists cross-border business operations with U.S. laws relating to foreign investments and assists non-U.S. investors to structure operations to help minimize or eliminate liability for income and transfer tax. Ms. Guillory’s background includes a degree in accounting and past work history with a major international accounting firm. This experience coupled with her work with various types of businesses in many countries uniquely equips her to advise clients on tax-related issues.

Aly Z. Dossa, Shareholder, Chamberlain, Hrdlicka, White, Williams & Aughtry

Mr. Dossa’s practice focuses on intellectual property counseling and litigation for software, hardware, medical device, and consumer device companies. Over the last fifteen years, Aly has counseled companies of all sizes, from startups to Fortune 100 companies, to help them obtain and enforce their intellectual property rights. His intellectual property counseling includes developing and implementing global intellectual property strategies, domestic and foreign patent prosecution, domestic and foreign trademark prosecution, drafting and negotiating licenses, providing non-infringement opinions and invalidity opinions, and conducting due diligence. Aly also advises clients in adversarial legal proceedings before the United States Patent Trial and Appeal Board (PTAB) and before the Trademark Trial and Appeal Board (TTAB).

Course Length: Approx. 1.5 hours

$295.00 PER USER