A two-day technical update with group live instruction featuring the latest tax planning strategies and opportunities using intellectual property and intangible assets.

Course Level: update; Delivery Method: group live

Learning Objectives

After attending this event, participants will be able to

• Describe how to devise tax planning techniques to maximize the value and potential of your intellectual property assets
• Understand the increasing importance of IP-related tax issues
• Explain the benefit from internal IP restructuring & migration of IP offshore
• Describe how to utilize beneficial transfer pricing strategies in relation to IP licensing
• Discuss structure tax planning strategies for software, licensing IP to JVs and M&A tax planning in regard to IP assets
• Understand the latest IRS cost - sharing regulations and ways to deal with challenges to contract manufacturing
• Explain how to deal effectively with IP tax controversies
• Determine the role of valuation techniques in regard to IP assets

Added benefit: network with other professionals to improve tax strategies and maximize benefits from your intellectual property assets.

Prerequisites

There are no prerequisites for attending this program.

SUBSTITUTIONS, CANCELLATIONS & COMPLAINTS

Cancellations received more than 72 business hours prior to the meeting will be issued a credit. A $350 fee will apply to cancellations received within 72 business hours of the event. No credit card or cash refunds will be issued at any time. For more information regarding administrative policies, such as complaints and refunds, please contact us at 800.372.1033, or e-mail customercare@bna.com. Credits will not be issued for "no shows".

Times/Topics Subject to Change

Day One

8:00 am Registration and Continental Breakfast

8:45 am Introduction and Co-Chairs Welcome

9:00 am Increasing Importance of IP-Related Tax Issues

• How and why IP planning optimizes your effective tax rate
• What are IP and intangible assets and how are they different
• Integrating IP/IA planning with global tax planning

9:45 am Internal IP Restructuring and Migration of IP Offshore

• Making Effective Use of IP Restructuring
• Examples of Effective IP Restructuring
• The Seven Types of IP Migration
• Migration Consequences and Planning Examples

11:00 am Break for Refreshments

11:15 am How to Manage Corporate Tax & IP Considerations

• Identifying critical and overlapping IP& tax considerations
• Tax & IP coordination for IP placed in foreign affiliates
• Strategies for legal relationship between parent and foreign IP owning sub
• Litigation issues in protecting IP values
• Recovering lost profits when IP ownership is separated from sales
• Improving communications to avoid problems between tax and IP departments

12:30 pm LUNCHEON

1:45 pm IP Licensing and Sec. 482 Transfer Pricing Issues

• Finding the "best method" for establishing US licensing fees in today's controversy environment
• Recognizing potential comparable uncontrolled transactions and comparability considerations
• Applying profit-based approaches to IP licensing
• Testing the range and the consequence of failure
• Comparison to OECD and other tax jurisdiction guidelines

3:00 pm Break for Refreshments

3:15 pm Use of Domestic IP Management Companies: State and Local Tax Planning

• Formation and operation of IP management companies
• Tax issues in moving the IP into the management company
• State and local nexus issues
• State challenges of IP management company structures
• International planning issues
• Planning for the future in a challenging environment

4:15 pm Special Tax Planning Considerations for Software Electronic Commerce & Internet Based Activities

• Federal –Capitalization, start-up expenses, dispositions
• International- income characterization using Treas. Reg. 1.861-18
• Tax rules and issues related to the transfer of software
• Planning opportunities

5:15 pm Conference Adjourns for the Day

Day Two

8:00 am Continental Breakfast

8:45 am Mergers , Acquisitions & Dispositions involving IP Assets

• Section 197--what's covered and what's excluded
• Uncertain scope of the anti-churning rules
• Measuring section 1245 recapture on disposition of acquired IP
• Recognizing loss on disposition of acquired IP

9:45 am Break for Refreshments

10:00 am The Brave New World of Cost Sharing

• The Basics for totally new research
• Transfer pricing methods for Basic Cost Sharing
• Second Generation Research - The "Buy-In" Concept
• New Methods for the "Buy-In"
• What to do Now?

11:30 am Handling IP Tax Controversies

• IRS re-organizations to address 482 IP issues
• Settlement approaches with IRS auditors
• Advance pricing agreements - pros and cons
• Challenging IRS regulations after the Mayo Foundation case
• A time to settle and a time to litigate

12:30 pm LUNCHEON

1:30 pm IP Tax Consequences When Structuring Joint Ventures

• Joint venture formation – US tax consequences of transferring IA/IP to a JV entity
• IP transfer and valuation issues
• Transfer pricing issues for IP in foreign vs. domestic joint ventures
• IP license provisions in joint venture agreements
• Special issues relating to IP and joint venture structuring: traps for the unwary

2:30 pm Break for Refreshments

2:45 pm Financial Accounting Aspects of Software and Intangibles

• When is R&D deductible?
• FAS 109 impacts of method differences
• APB 23 decisions regarding reinvestment
• Fin 48 reserve decisions
• FAS- 141 business combination considerations
• FAS -142 goodwill and other intangible assets rules

3:45 pm Valuation of Intellectual Property & Intangible Assets

• Valuation principles and techniques
• Market & cost approaches – comparable licensing/royalty rates
• Income forecast approach – selecting the proper discount rate
• Valuation in relation to migrating or transferring IP abroad
• Tax and accounting issues in relation to IP valuation-
• Valuation of IP in relation to M&A and business combinations

4:45 pm Summary & Q&A

5:00 pm Conference Ends

EDUCATIONAL COURSE CREDIT

Up To 15 CPE Credit hours available

Bloomberg BNA is registered with the National Association of the State Boards of Accountancy as a sponsor of continuing professional education on the National Registry of CPE sponsors. State Boards of Accountancy have final authority on the acceptance of individual courses. Complaints regarding registered sponsors may be addressed to NASBA, 150 Fourth Avenue North, Suite 700, Nashville, TN 37219-2417.

Up to 15 CLE Credit hours available

Bloomberg BNA will apply for continuing legal education credits in any state or jurisdiction where available. For more information, please contact Bloomberg BNA customer service at 800.372.1033 and ask to speak to the CLE Accreditations Coordinator, or email us at accreditations@bna.com .

Hardship Policy

Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800.372.1033 and ask to speak to the CLE Accreditations Coordinator, or email us at accreditations@bna.com.