Book

Intellectual Property Taxation: Transaction and Litigation Issues, Second Edition, with 2018 Cumulative Supplement

This treatise considers, on a comparative basis, the tax implications of major business transactions involving both traditional and emerging forms of intellectual property. The authors’ analyses strike a perfect balance between explaining the technical tax considerations and elucidating their implications for complex IP transactions.


Description

Comprehensive and clear explanations of the tax treatment of major IP transactions and decisions

This treatise considers, on a comparative basis, the tax implications of major business transactions involving both traditional and emerging forms of intellectual property. The authors’ analyses strike a perfect balance between explaining the technical tax considerations and elucidating their implications for complex IP transactions.

The Second Edition includes “Planning Pointers” and “Practical Checklists” related to the tax consequences of creating, acquiring, and transferring intellectual property; expanded coverage of popular tax planning strategies used in connection with IP; additional discussions in “plain English” of transfer pricing and cost sharing arrangements; and a chapter on estate planning for intellectual property.


 

The 2018 Cumulative Supplement adds the following discussions:

  •  Analysis of the Tax Cuts and Jobs Act of 2017 (TCJA), which made sweeping tax changes impacting intellectual property: e.g., eliminating capital gains treatment for certain inventors who dispose of their inventions; extending bonus depreciation (100% expensing) to qualified film, television, and live theatrical productions; and eliminating hobby loss deductions for intellectual property creators who are not engaged in a business.
  • Summaries of all recent tax regulations, published IRS guidance, and major cases involving intellectual property transactions.
  • Review of international tax law changes designed to limit intellectual property income shifting, including a new minimum tax on “global intangible low-taxed income” as well as a new minimum tax on royalties paid to a foreign affiliate.
  •  Analysis of state tax developments, including recent updates on the IP Holding Company and e-commerce taxation.

 

Summary of Contents

 

  • Part I. Introduction and Overview of Intellectual Property
  • Part II. U.S. Federal Income Taxation of Intellectual Property
  • Part III. Structuring Ownership of Intellectual Property: U.S. and International Tax Planning Strategies
  • Part IV. Estate Planning and Valuation
  • Part V. Internet Taxation
  • Table of Cases • Appendices • Index

 

Authors

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
Jeffrey A. Maine, B.B.A., M.B.A., J.D., LL.M., C.P.A., is a Professor of Law at the University of Maine School of Law, Portland, ME.
Xuan-Thao N. Nguyen,  B.A., J.D., is the Gerald L. Bepko Chair and Director, Center for Intellectual Property Law and Innovation, Indiana University Robert H. McKinney School of Law, Indianapolis, IN.

Contents

View full tables of contents and read the book’s preface or introduction.