Intellectual Property: Exploitation and Disposition (Portfolio 558)

Description

The Intellectual Property: Exploitation and Disposition, No. 558 Portfolio describes the rules relating to the taxation of income from the exploitation and disposition of patents, copyrights, know-how and trade secrets (referred to generically as “know-how”), and trademarks and trade names. With respect to a fifth type of intellectual property, computer software, this portfolio refers the reader to Tax Management Portfolio, Federal Taxation of Software and E-Commerce, No. 555, which provides a detailed description of the U.S. federal income tax treatment of income from the exploitation and disposition of computer software.
The first section of this Portfolio summarizes the analytical framework (both common law tax concepts and specific statutory provisions) for determining the taxation of income from the exploitation and disposition of intellectual property in addition to concepts and provisions which are applicable to more than one type of intellectual property. The second and final section of this Portfolio then applies that framework to patents, copyrights, know-how and trade secrets, and trademarks and trade names.

Table of Contents

I. Introduction
II. Copyrights and Computer Software
III. Trademarks, Service Marks, Trade Names and Franchises
IV. Ancillary Considerations
V. Amortization Under the 1993 RRA