Wealth & Risk Management Blog

William Byrnes (Texas A&M) tax & compliance articles

IP & Technology

Taxation of Intellectual Property and Technology is a comprehensive guide to the federal tax consequences of the development, purchase, sale and licensing of intellectual properties / intangibles.  Primary author William Byrnes leads a team of America’s leading O&G tax experts who analyze tax challenges for business and investment decisions.

PART I INTRODUCTION

Chapter 1 Overview of Intellectual Properties
Chapter 2 Outline of Major Code Sections Applicable to Intellectual Properties

PART II TAX PLANNING FOR THE CREATION, DEVELOPMENT, AND PURCHASE OF INTELLECTUAL PROPERTY

Chapter 3 Development and Purchase of Technological Intellectual Properties Including Patents and Trade Secrets
Chapter 4 Development and Purchase of Trademarks and Trade Names
Chapter 5 Creation and Purchase of Copyrights

PART III TAX PLANNING FOR THE SALE AND LICENSING OF INTELLECTUAL PROPERTY

Chapter 6 Sale and Licensing of Technological Intellectual Properties Including Patents and Trade Secrets
Chapter 7 Sale and Licensing of Trademarks and Trade Names
Chapter 8 Sale and Licensing of Copyrights

PART IV SPECIALIZED TAX PLANNING APPLICATIONS

Chapter 9 Research and Development Tax Credit (G. Lucia Valenzuela)
Chapter 10 Computer Software (Carlos Perez Gautrin)
Chapter 11 Taxation of Electronic Commerce
Chapter 12 International Transactions (Matthew Moseley)
Chapter 13 Global Positioning of Intellectual Property (William Chip)

Lexix Taxation of Intellectual Property & Technology Expert Contributors

William W. Chip is Senior Counsel in the international law firm Covington & Burling, resident in their Washington, D.C. office. Mr. Chip has over 30 years of experience advising and representing multinational clients with respect to cross-border transfer pricing and other international tax matters, including the resolution of transfer pricing controversies at the examination and appeals level and through Competent Authority proceedings and the IRS Advance Pricing Agreement Program. Over the course of his career, Mr. Chip he has chaired the Transfer Pricing Subcommittees of the ABA Tax Section and the U.S. Council on International Business and has served as the Transfer Pricing Technical Director of a Big Four accounting firm. He is a long-standing member of the Tax Committee of the OECD’s Business & Industry Advisory Committee (BIAC), and in that role has been an active participant in the OECD’s project on Base Erosion & Profit Shifting (BEPS). Having served as transfer pricing advisor to the owners, CFOs, and senior tax executives of both established and emerging global enterprises in the financial, commodities, life sciences, and energy industries, he is nationally recognized for his specialized expertise in those industries. Mr. Chip received his B.A. in Economics from Yale University in 1971, his M.A. in Economics from Cambridge University in 1973, and his J.D. from Yale University in 1979.

Carlos Perez Gautrin is an International Tax Adviser and Associated Partner with CBA Cross Border Associates, and resides in Lincoln, California. Carlos is personally in charge of leading the CBA practice for San Francisco, Silicon Valley and Greater Sacramento areas.  Formerly, Carlos had responsibility for the transfer pricing policy, documentation and method determination procedures applicable to the worldwide operation of Lexmark International, Inc. Carlos held the quarterback position in the pricing and multinational tax strategy for the inter-company distribution flow of Lexmark printer hardware, software and supply products in the global market. Previously, Carlos worked as International Tax Manager for VeriSign, Inc., Senior Tax Researcher for the International Bureau of Fiscal Documentation (IBFD) in Amsterdam, Netherlands, and practiced tax law in major legal firms.

Matthew P. Moseley is a senior associate in Alston & Bird’s Federal & International Tax Group. Mr. Moseley concentrates his practice on the U.S. taxation of various types of domestic and cross-border transactions and on transfer pricing matters. Mr. Moseley is a graduate of the University of Virginia, from which he received his B.S. in Chemical Engineering. He received his J.D. from the University of California, Hastings College of the Law, and an L.L.M. in taxation from Georgetown University Law Center.

G. Lucia Valenzuela is an AMC tax associate with KMPG, and attorney at law.  Ms. Valenzuela works with multi-disciplinary teams to conduct Research and Development (R&D) Tax Credit consulting services, including section 199 domestic production activities deduction, accounting method assessments, design and implementation of projects related to revenue and expense recognition, capitalized items, fixed assets and inventories.

Taxation of Intellectual Property and Technology fully integrates the latest legislative, administrative, and judicial changes in the tax law as well as the patent, trademark, and copyright and trade secret laws, and additionally covers Internet and international taxation of intangibles. It is a comprehensive guide to the federal tax consequences of the development, purchase, sale and licensing of intellectual properties / intangibles, including inventions (whether or not patentable), trade secrets, trademarks, trade names, copyrights and computer software. Taxation of Intellectual Property and Technology not only explains and analyzes the complex issues involved in this growing area of law, it recognizes and addresses the need to minimize the tax impact of these transactions. Coverage includes:

• Analysis of the America Invents Act and its effect on patentable inventions
• Intangibles costs under IRC § 263(a) and INDOPCO
• Property versus Services and Employee to Employer Transfer
• Calculation of the Qualified Research Expense Credit

Tax law and intellectual property are highly transitory and complex, and often interact in uncertain ways, especially in the face of rapid and continual technological development and the growth of e-commerce.

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